The Delhi High Court on Tuesday directed the police not to take any coercive measure till June 22 against Delhi Minorities Commission (DMC) chairman Zafarul-Islam Khan who has been booked in a sedition case over a Facebook post.
Delhi Police on May 2 registered an FIR against Khan under Sections 124A and 153A of the Indian Penal Code (IPC) for the alleged offences of sedition and promoting feelings of hatred between different groups on the grounds of religion, race, place of birth, residence and language for a Facebook post on his official page on April 28.
Khan had approached the high court seeking anticipatory bail in the sedition case lodged against him, citing his old age, health issues and risk of the COVID-19 infection. The petition was heard through video conferencing by Justice Manoj Kumar Ohri who also asked the police to give prior notice to Khan if called for investigation, his lawyer Vrinda Grover said.
The court asked Delhi Police to file a status report on the anticipatory bail plea and listed the matter for further hearing on June 22.
In the petition, Khan sought anticipatory bail on the ground that he is a public servant and a senior citizen aged 72 years who suffers from heart disease and hypertension and is highly susceptible to COVID-19 infection.
"In these circumstances, there is an urgent need to grant him protection from arrest and coercive action in a frivolous and untenable case, in order to safeguard his liberty as the failure to do so will have irreversible consequences on his right to life," his petition said.
He also sought directions to the police that in the event of his arrest, he be immediately released on bail and that no coercive measures be taken against him. The petition filed through advocates Vrinda Grover, Ratna Appnender and Soutik Banerjee also sought a direction that Khan's laptop and mobile should not be seized.
The plea claimed that no offence has been committed by Khan and the FIR has been registered with a mala fide intention to harass and intimidate him.
Khan claimed in the plea that his social media post was falsely reported, distorted and sensationalised out of context by certain sections of the media to embarrass him and to tarnish his stellar work that he has been doing as Chairman of the commission.
"Alarmed that his social media post was being maliciously and knowingly distorted and false meanings and motives attributed to his words, the petitioner (Khan) responded through his social media posts dated April 29, 2020, and further on May 1, 2020, the petitioner elaborated on his original tweet and clarified the distortions and misrepresentations by sections of the media," the plea said.
After almost a week since registration of the FIR, Khan was not served with any legal notice for interrogation, the please said.
It added that when he was settling down for Iftaar on May 6, a police team came to his residence and orally asked him to accompany them to the Cyber Cell Police Station, the plea said, adding that he was not given any written notice as mandated under the CrPC.
The police team returned empty-handed after facing protest at the Jamia Nagar residence of Khan against on May 6. Local sources said that a police team arrived to raid Khan's residence just before Iftaar. However, they were forced to return after a crowd gathered outside his residence.