Delhi High Court Extends Interim Protection to Mohammad Wasiq Nadeem Khan Amidst Allegations of Promoting Enmity

In a significant development, the Delhi High Court granted interim protection from arrest to Mohammad Wasiq Nadeem Khan, National Secretary of the Association for Protection of Civil Rights (ACPR), on Tuesday. Khan had come under scrutiny after a video of him speaking at a Hyderabad exhibition organized by ACPR went viral, leading to allegations of promoting enmity and engaging in a criminal conspiracy.

Presiding over the case, Justice Jasmeet Singh ordered that Khan should not leave Delhi without prior notification to the Investigating Officer (IO) and must cooperate fully with the police investigation. The court is currently reviewing two petitions—one from Khan and another from ACPR—that seek to stay the investigation and quash the First Information Report (FIR) filed against him.

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The FIR against Khan includes serious charges under sections of the Indian Penal Code concerning the promotion of enmity, acts prejudicial to harmony, public mischief, and criminal conspiracy. The content in question involves Khan’s commentary in a video, where he discusses minority rights issues and references contentious events like the 2020 CAA/NRC protests and the Delhi riots, suggesting that these disproportionately affected a specific community.

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During the court session, Khan’s defense argued that the video was an exercise of his constitutional right to free speech and that it did not contain any statements capable of inciting disharmony or violence. They further contended that the FIR lacked grounds for criminal proceedings, noting no direct complaints or adverse incidents resulting from the video’s publication.

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Justice Singh issued a notice on the petitions and scheduled the next hearing for December 6, maintaining that while Khan is granted protection from arrest, he must adhere strictly to the terms set by the court, including restricted movement and active cooperation with the ongoing investigation.

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