Booked for promoting enmity: Won’t arrest activist Nadeem Khan during probe, will give 7 days’ notice, say Delhi police

While the HC on Wednesday cancelled the NBW issued by the police, Justice Jasmeet Singh disposed of Khan’s petition seeking quashing of the FIR without adjudicating on the merits of the issue following the statement made by the police before the court.

The court will hear the matter next on December 20, when the police would have to submit a status report on the investigation.

Senior advocate Kapil Sibal, appearing for Khan, urged the court to not dispose of the petition seeking quashing of the FIR, adding that “this is a roving inquiry” that has been initiated by the police.

Justice Singh orally remarked, “They (police) are entitled to investigate…What if after investigation it is revealed that it is motivated or it is at the instance of, behest of some people? We will keep all your rights open…”

Recording that Khan is at present participating and cooperating in the investigation and will continue to the same, the court directed that the police “shall ensure that under the garb of investigation, there is no harassment and the investigation will be concluded expeditiously and within reasonable time”.

The court imposed the condition that Khan cannot leave the jurisdiction of National Capital Region without prior permission, while clarifying that all legal rights and contentions remain open for him, including reviving his plea for quashing of the FIR at a later stage, if required.

On December 3, the HC had granted interim protection to Khan from arrest in the case, until the next date of hearing, while directing him to join the investigation.

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