The People’s Union for Civil Liberties (PUCL), in a statement issued by Kavita Srivastava (National President) and V. Suresh (National General Secretary), strongly condemned the harassment and filing of a ‘malicious’ FIR against Nadeem Khan, a social and human rights activist and National Secretary of Association for Protection of Civil Rights (APCR).
PUCL expressed shock over what it described as a targeted witch-hunt by the Delhi Police, allegedly instigated by a few social media accounts on Twitter. On November 30, 2024, at 5 PM, four police personnel, including the SHO of Shaheen Bagh Police Station, reportedly attempted to detain Nadeem Khan from a private residence in Bangalore without a warrant or notice.
According to the statement, the police coerced Khan for nearly six hours, pressuring him to “voluntarily” accompany them to Delhi for an investigation related to FIR No. 0280/2024, registered the same afternoon. It was only at 10:45 PM that they served a notice under Section 35(3) of BNSS, directing Khan to appear at the Shaheen Bagh Police Station. During this time, the police allegedly intimidated Khan and his family and trespassed on the residence.
The FIR reportedly cites sections 196, 353(2), and 61, all of which carry penalties of less than three years. PUCL noted that under the Supreme Court judgment in Arnesh Kumar v. State of Bihar and Section 35 of the BNSS, arrests for such offences are prohibited unless specific legal conditions are met. Despite this, PUCL alleged that the police attempted to intimidate Khan into traveling to Delhi, disregarding due process.
The PUCL also highlighted events preceding the FIR. On the night of November 29, 2024, 20-25 police personnel arrived at the APCR office in Delhi without prior notice or legal justification, seeking information about Nadeem Khan and APCR members. This incident, PUCL argued, underscores malicious intent, targeting the organisation’s constitutional work, particularly its efforts against mob lynching and hate crimes.
On November 30, police officers returned to the APCR office and reportedly refused to share details with the lawyers present, with one officer allegedly threatening them with dire consequences. Attempts by APCR lawyers to seek clarity at the Shaheen Bagh Police Station were also met with a lack of cooperation.
PUCL strongly condemned the Delhi Police’s actions, stating they violated basic norms of due process and established legal standards. It asserted that the FIR and the harassment stemmed from Nadeem Khan’s involvement in an exhibition highlighting incidents of hate crimes and hate speech in India. The exhibition included references to Supreme Court guidelines, such as those in Tehseen Poonawalla v. Union of India, on addressing mob violence.
The PUCL demanded the following actions:
- Immediate quashing of the FIR against Nadeem Khan;
- An end to the harassment of Nadeem Khan and his family, along with compensation for their ordeal; and
- Registration of an FIR against the SHO of Shaheen Bagh Police Station for criminal intimidation, harassment, and trespassing.
PUCL reaffirmed its commitment to protecting civil liberties and condemned any attempts to criminalise the defence of constitutional rights and freedoms.
