New Delhi: The Delhi High Court has granted interim protection from arrest to Nadeem Khan, the National Secretary of the Association for Protection of Civil Rights (APCR) and a human rights activist, who faces allegations of "promoting enmity and violence" under an FIR filed by the Delhi Police.

Justice Jasmeet Singh, while granting the interim relief on Tuesday, December 3, remarked that the nation’s harmony is "not so fragile" and that the common man is "intelligent enough to discern facts," according to a report by LiveLaw. The court ordered that Khan should not be arrested until December 6 and directed him to appear before the investigating officer on December 4. It also restricted him from leaving Delhi without prior permission.

Allegations and Legal Challenge:

The FIR, based on a video uploaded to APCR’s YouTube channel titled "Records of Hindustan in Modi Sarkar," accuses Khan of promoting enmity by portraying Muslims as victims and alleging that ruling party leaders are spreading hate. The Delhi Police claims that the video’s content could incite communal tensions, and Khan is alleged to be the speaker featured in the video.

The FIR led to a raid at APCR's office on November 29, followed by an attempt to detain Khan on November 30 at his brother’s residence in Bengaluru. These actions, reportedly influenced by social media posts from Hindutva supporters, have sparked significant controversy.

Court Observations:

Justice Jasmeet Singh emphasized the resilience of India’s democratic fabric during the hearing, stating, “The harmony of our nation is not so fragile that merely one exhibition or someone shouting can destroy it. Consider people as intelligent. The common man isn’t so fragile.” These remarks were made in response to the Delhi Police’s claim that Khan’s actions could disrupt national peace.

Defense and Next Steps

Senior Advocate Kapil Sibal, appearing for Khan, argued that the FIR lacks evidence of any cognizable offense. He contended that the video in question merely presents a perspective and does not intend to incite violence. Khan has also filed a petition seeking the quashing of the FIR, to which the court has issued a notice to the Delhi Police.

The case will be further reviewed on December 6, with the court’s interim protection remaining in effect until then. Meanwhile, Khan’s legal team continues to argue for the dismissal of the FIR, citing insufficient evidence and the activist's commitment to upholding democratic values.