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Delhi HC grants Dr. Zafarul granted protection from coercive action until next hearing

This order was given in an anticipatory bail application filed by Dr. Khan after he was booked on charged of sedition.

Sabrangindia 12 May 2020

zafrul

Dr. Zafarul Islam Khan, Chairman of the Delhi Minorities Commission has been granted protection from coercive action by the Delhi High Court in his anticipatory bail application. This protection is extended till the next date of hearing, which is June 22.

The single bench of justice Manjo Ohri heard the application filed by Dr. Khan through his counsel, Vrinda Grover. In the plea, Dr. Khan had asked for urgent relief of protection for arrest and coercive action in, what is, a ‘frivolous’ and ‘motivated’ case.

Brief Background

On April 28, Dr. Khan had written a post on social media appreciating Kuwait for standing in solidarity with Indian Muslims. In this post, while acknowledging the international community’s support, Dr. Khan has emphatically stated that Indian Muslims do not seek or require external help in India thus taking a firm stand of non-interference in India’s internal affairs.

This message was then maliciously distorted and falsely broadcasted by certain sections of electronic media. Whereafter, an FIR was lodged against Dr. Khan for this post on social under charges of sedition and for promoting enmity.

Anticipatory bail application

Dr. Khan’s Anticipatory Bail Application, filed by his lawyer Vrinda Grover states that “the complaints against the Petitioner have been filed with obtuse motive and malafide is evidenced by the use of social media to attract publicity to the complaints and persons who filed them.” Calling the complaint “misconceived”, the application states that the FIR was made on “misrepresentation of facts and an erroneous, untenable reading of the law”. It further states that the complaint has been filed “with a mala fide intention to harass and intimidate” Dr. Khan.

He also stated that since March 2020, India witnessed widespread hate speech and attacks against members of Muslim community, which includes blaming the Muslim community for spreading COVID19. The distortion of his social media post is also a part of this vilification and this has had an effect of inciting contempt towards Dr. Khan as well. This was evident from the many frivolous and malicious complaints filed against Dr. Khan after the media coverage of his social media post which highlighted the plight of the minority population which had been targeted by certain elements in society, and further acknowledged the role of the international fraternity in raising concerns regarding the wellbeing of Indian Muslims. Viewed as a whole, the statement does not allude to any tendency, leave alone incitement, of violence against the government or any section of the population.

Dr. Khan had sought the anticipatory bail as the FIR against him was filed with malafide intention of harassing and intimidating him while he performed his statutory duty of protecting the rights of Muslims.

Related:

Dr. Zafarul Islam files for anticipatory bail, hearing on May 12

Dr Zafar ul Islam Khan must be protected from all harassment and intimidation

In targeting Dr Zafarul Islam Khan, Modi-Shah throw a challenge to civil society, minorities

Delhi HC grants Dr. Zafarul granted protection from coercive action until next hearing

This order was given in an anticipatory bail application filed by Dr. Khan after he was booked on charged of sedition.

zafrul

Dr. Zafarul Islam Khan, Chairman of the Delhi Minorities Commission has been granted protection from coercive action by the Delhi High Court in his anticipatory bail application. This protection is extended till the next date of hearing, which is June 22.

The single bench of justice Manjo Ohri heard the application filed by Dr. Khan through his counsel, Vrinda Grover. In the plea, Dr. Khan had asked for urgent relief of protection for arrest and coercive action in, what is, a ‘frivolous’ and ‘motivated’ case.

Brief Background

On April 28, Dr. Khan had written a post on social media appreciating Kuwait for standing in solidarity with Indian Muslims. In this post, while acknowledging the international community’s support, Dr. Khan has emphatically stated that Indian Muslims do not seek or require external help in India thus taking a firm stand of non-interference in India’s internal affairs.

This message was then maliciously distorted and falsely broadcasted by certain sections of electronic media. Whereafter, an FIR was lodged against Dr. Khan for this post on social under charges of sedition and for promoting enmity.

Anticipatory bail application

Dr. Khan’s Anticipatory Bail Application, filed by his lawyer Vrinda Grover states that “the complaints against the Petitioner have been filed with obtuse motive and malafide is evidenced by the use of social media to attract publicity to the complaints and persons who filed them.” Calling the complaint “misconceived”, the application states that the FIR was made on “misrepresentation of facts and an erroneous, untenable reading of the law”. It further states that the complaint has been filed “with a mala fide intention to harass and intimidate” Dr. Khan.

He also stated that since March 2020, India witnessed widespread hate speech and attacks against members of Muslim community, which includes blaming the Muslim community for spreading COVID19. The distortion of his social media post is also a part of this vilification and this has had an effect of inciting contempt towards Dr. Khan as well. This was evident from the many frivolous and malicious complaints filed against Dr. Khan after the media coverage of his social media post which highlighted the plight of the minority population which had been targeted by certain elements in society, and further acknowledged the role of the international fraternity in raising concerns regarding the wellbeing of Indian Muslims. Viewed as a whole, the statement does not allude to any tendency, leave alone incitement, of violence against the government or any section of the population.

Dr. Khan had sought the anticipatory bail as the FIR against him was filed with malafide intention of harassing and intimidating him while he performed his statutory duty of protecting the rights of Muslims.

Related:

Dr. Zafarul Islam files for anticipatory bail, hearing on May 12

Dr Zafar ul Islam Khan must be protected from all harassment and intimidation

In targeting Dr Zafarul Islam Khan, Modi-Shah throw a challenge to civil society, minorities

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