New Delhi: The Association for Protection of Civil Rights (APCR) has condemned the “unwarranted harassment” and “attempt to arrest our National Secretary Mr. Nadeem Khan and further attempts by the Delhi Police to raid our office without prior notice or due process.”
In a statement released today, the APCR detailed the process of alleged harassment as well as its activities in the human rights and civil liberties fields.
“On the night of November 29, the Delhi police conducted an unauthorised raid at the offices of the APCR in Delhi, and on November 30, police from Shaheen Bagh police station had arrived in Bangalore to arrest Nadeem Khan from his brother’s house without any warrant or notice,” it said.
The APCR claims to have been working on upholding civil liberties, ensuring justice, and promoting equality for all.
The statement reads: “It is currently providing legal aid and assistance in several cases relating to human rights and civil liberties across the country. It is a petitioner in several cases before different High Courts as well as the Supreme Court. In several of these cases the Supreme Court has also recognised the legitimacy of its causes and provided relief. Through legal advocacy, capacity building and community support, APCR strives to safeguard the constitutional rights of individuals and communities across India. We are committed to cooperating with any investigation being carried out by the police, but we demand that all investigations must follow the due process of law and the harassment of our National Secretary Nadeem Khan must stop immediately.”
The APCR statement further said: “Yesterday, on 30.11.2024 at approximately 5 pm the SHO of Shaheen Bagh Police station along with four officers arrived in Bangalore and asked Nadeem Khan to “voluntarily” accompany them to Delhi for questioning regarding a video circulating on Twitter. They had not come with any warrant or notice, but merely showed him the copy of an FIR (FIR number 0280/2024, Shaheen Bagh, Police Station, N. Delhi) in which he has been named on the basis of a Twitter post by a well known right wing account. Only after nearly six hours of badgering him and members of his family and attempting to coerce him to accompany them to Delhi, did they produce a notice under Section 35(3) of BNSS, asking him to join the investigation.”
The APCR statement maintained: “The FIR filed by the Delhi Police is based on a social media post that has used a video of Nadeem Khan speaking at an exhibition put up by APCR. The video itself does not show any unlawful speech or activity, and we categorically deny any suggestion that the exhibition contained any kind of illegality. In fact, the exhibition was an attempt to showcase the positive rulings and orders of the Supreme Court and other courts in India that have sought to curb hate crimes and persecution of marginalized groups in the country. When talking about major incidents of hate crimes that have taken place in the last few years, the exhibition also highlighted the guidelines issued by the apex court in the case of Tehseen Poonawalla v Union of India to prevent and prosecute cases of mob violence.
“The exhibition urged citizens to take note of these and other such orders, and spread awareness regarding available legal remedies for such cases. The attacks by a section of anti-social accounts on social media are simply an attempt to intimidate and deter the work of legal advocacy, providing legal aid and spreading legal awareness by APCR.”
The punishments for all the charges pressed in the FIR against Nadeem Khan (BNS Sections 196, 353(2), 61) are less than 3 years, and as per Arnesh Kumar v. State of Bihar, as well as Section 35(b) of the BNSS, the law prevents Nadeem Khan’s arrest arising out of the current FIR, since the punishment is less than 7 years.
The statement added: “The manner of filing of the FIR and conduct of the investigation also raises serious questions about the intent of the police. The said FIR was filed at 12:48 PM in Delhi and the concerned Police Station officer arrived in Bangalore at Nadeem’s brother’s house at 5pm, which leads us to believe that the police were on their way to Bangalore before the formal filing of the FIR, in a rushed and unlawful attempt to arrest him. The Delhi police did not follow due procedure of issuing notice under Section 35(3), or having any authority in the form of an arrest warrant to come to his house and to demand that he return to Delhi with them.
“On 29.11.2024, at approximately 9 PM, 20-25 officials arrived at the APCR office in Delhi without providing any notice, without an FIR copy, without any attempt at contact through publicly available numbers or providing legal justification for their actions. Since the office was closed at night, they enquired from the security guard about APCR National Secretary Mr Nadeem Khan and other members and employees of the organisation.
“On the morning of 30.11.24, a few police officers returned and enquired about the office bearers. When asked about the basis for this enquiry, the Head Constable Yogesh of Shaheen Bagh police station refused to share the details with our counsel present in the office. The Head Constable also misbehaved with the lawyers and threatened them with dire consequences. Lawyers representing APCR also went to Shaheen Bagh Police Station to ask about the reasons for the police raid but received no answer.
“Without a notice, without being asked to join any investigation through any means, without any attempt at contact over publicly available numbers – the arrival of 20-25 officials at night on 29.11.24 and a few officers the next day morning i.e. 30.11.24, who refuse to answer queries about why they have arrived, and then harassment and attempts to illegally detain and arrest our National Secretary – all point to these being intimidation tactics and attempts at creating a situation of panic and suppressing APCR’s work to secure justice and access to human rights for all.
“The manner of this police raid, harassment and inquiry raises serious concerns about the intent and legality of the police’s actions. It is nothing more than another attempt to intimidate and silence Human Right Defenders and questioning voices. APCR severely condemns this attempt at intimidation and harassment aimed at instilling fear in an organization working for human rights. APCR categorically asserts its commitment to the rule of law and due process. APCR demands transparency and accountability from law enforcement authorities in their actions. We also affirm that APCR will cooperate with any investigation carried out by the police.”
The APCR has urged the Delhi Police to “take strict action against the offending officers”. It says the organization stands firm in its commitment to protecting the rights and freedoms guaranteed under the Constitution of India.
