New Delhi, The Delhi High Court was on Wednesday informed by the police it would not arrest activist Nadeem Khan, booked in an alleged case of promoting enmity, without first giving him a seven-day written notice.

Khan, on the other hand, assured Justice Jasmeet Singh he would continue to cooperate with the investigation, pursuant to an FIR registered by the police on November 30 against him.

The judge took on record the statements, and directed the accused not to leave the capital without its permission.

“In the present case, the investigation is ongoing and the petitioner is participating in the same. Mr Sibal, learned senior counsel on instructions states that the petitioner will continue to participate in the investigation and cooperate with the same.. It is also stated that during the pendency of the investigation, the petitioner shall not be arrested and .. if there is any requirement for custodial interrogation, the respondent shall give notice in writing of seven clear days,” the court recorded in its order.

The court was hearing a petition by Khan and NGO Protection of Civil Rights seeking to quash the FIR against him.

He is the national secretary of the organisation.

Khan was booked for the alleged offences of promoting enmity and criminal conspiracy after a video went viral on social media. The police claimed the purported video could fan enmity and lead to violence at any time.

Senior advocate Sibal, who appeared for Khan, said the police should not harass the petitioner in the garb of investigation and ensure the probe was concluded expeditiously.

He argued the police was conducting a roving and fishing inquiry.

The court, which earlier gave an interim protection from arrest to Khan, orally said while his right to liberty was protected, the agency was entitled to investigate and kept the rights and contentions of the parties open.

The Delhi police has claimed that Khan, through “targeted dissemination of selective information”, sought to create a narrative of a particular community’s victimisation by the incumbent government.

In a status report filed in the case, the police said such actions suggest a deliberate attempt to provoke discontent and unrest, amounting to a larger conspiracy for undermining communal harmony and public order.

The police alleged Khan’s conduct demonstrated a willful disregard for the potential ramifications on communal harmony.

The court had issued notice to the police and granted him protection from arrest till the next date of hearing, subject to his joining the investigation.

Stating the investigation was at an initial stage, the police urged the court to dismiss the petitions.

Khan’s counsel had argued that the FIR was malafide and it did not disclose any cognisable offence and was merely based on conjectures, without any foundation.

This article was generated from an automated news agency feed without modifications to text.