Human rights activist and Association for Protection of Civil Rights (APCR) National General Secretary Nadeem Khan’s brother filed a complaint on Saturday, 30 November, against Delhi’s Shaheen Bagh Police before Sampigehalli Police Station in Karnataka on 30 November. The complaint was filed accusing them of trespassing and intimidating.
In the complaint, Nadeem Khan’s brother alleged that Shaheen Bagh Police reportedly attempted to arrest his brother from their residence in Bengaluru’s Sampigehalli locality on Saturday evening without any warrant. The police also allegedly trespassed, and intimidated Nadeem and his family members.
After allegedly harassing them for five hours, the Delhi Police placed a notice under Section 35(3) of the BNSS on the door of Khan’s brother’s residence and left, instructing Nadeem Khan to appear at the Shaheen Bagh Police Station, the complaint said.
Meanwhile, South First learnt that Nadeem Khan sought legal intervention to make the Delhi Police personnel vacate his brother’s residence later that night.
The Bengaluru City Police said they were informed of the Delhi Police’s actions only after the notice was issued, contradicting standard procedural norms.
In a strongly worded statement, the People’s Union for Civil Liberties (PUCL) criticised the alleged misconduct of Delhi Police over the action against Nadeem Khan.
PUCL called for the immediate quashing of the FIR registered against him, compensation for the damages and legal action against Delhi police for the alleged misconduct.
Also Read: BJP has eroded people’s rights, favoured business friends: Priyanka Gandhi
Delhi Police attempts to arrest Nadeem Khan
Based on a complaint, the Shaheen Bagh Police on Saturday booked Nadeem Khan for organising an exhibition that highlighted recent incidents of hate crimes and hate speeches reported across India.
Nadeem Khan has been booked under section 196 (promoting enmity between different groups on grounds of religion, race, place of birth, etc.), 353(2) (spread of false information that promotes enmity or hatred among different groups), and 61 (criminal conspiracy) of the Bharatiya Nyaya Sanhita (BNS), 2023.
An FIR was filed at around 1 PM in Delhi, by 5 PM Delhi Police was at Nadeem bhai’s (National President of APCR) brothers house in Bengaluru to detain/arrest. This, after his video of an exhibition highlighting recent incidents of hate crimes & hate speeches in India went viral. https://t.co/1na8i97IBw
— Mohammed Zubair (@zoo_bear) November 30, 2024
At 4 pm on 30 November, four officers of the Shaheen Bagh Police Station, including the Station House Officer (SHO) turned up at Nadeem Khan’s brother’s residence in the Sampigehalli area, to arrest him, without presenting any notices or arrest warrant connected to the FIR.
In the police complaint, Nadeem’s brother, said: “Shaheen Bagh SHO came to my residence and informed Nadeem that the FIR was registered against him on 30 November. Despite there being no summons, notice, or warrant, the SHO and other police officials intimidated us for five hours to force Nadeem to accompany them to Delhi unlawfully.”
“Nadeem assured them that he would return to Delhi and cooperate with the probe. The Delhi Police came to my house unannounced, without any arrest warrant, arrest memo, or search and seizure warrant in connection to the FIR. As the charges invoked are offences with punishment of less than three years, the law prevents the arrest of Nadeem,” Nadeem’s brother said.
On condition of anonymity, a member of the PUCL told South First: “Nadeem had to take legal help to vacate Delhi Police from his brother’s residence. They were forcing him to go to Delhi, without showing any warrant or notice on their arrival at his brother’s house.”
South First’s attempted to contact Delhi’s South East District Deputy Commissioner of Police and Shaheen Bagh PS’s Station Head Officer, but both did not respond to phone calls and messages.
Complaint against Delhi Police
Hours after the Delhi police left Bengaluru, Nadeem Khan’s brother filed a complaint against the officers who barged into his premises without any warrant.
In the complaint, Nadeem’s brother alleged: “Four police personnel including the SHO of Shaheen Bagh Police Station came to my residence unannounced in search of my brother Nadeem Khan. The police sat in the hall of the first floor of the building till 9 pm, coercing Nadeem to come to Delhi for a probe in connection to the FIR registered against him.”
Human Rights Activist Nadeem Khan’s brother filed complaint against Delhi Police on Saturday. (supplied)
“The offences under the FIR are section 196, 353(3) and 61. The punishments for all these offences are less than three years. As per Arnesh Kumar v State of Bihar, the law prevents Nadeem’s arrest arising out of the current FIR, since the punishment is less than seven years,” he alleged.
“This action of the Delhi Police is in violation of their duty and the mandate to follow due process. This is a witch hunt to target my brother Nadeem and take him into illegal detention by way of intimidation.”
“Their intimidation has caused great stress and mental torture to Nadeem and me. Shaheen Bagh Police Station’s SHO has put my house and street under surveillance,” he said.
Sampigehalli Police Inspector (law and order) Chandrashekar told South First: “We have received a complaint from Nadeem Khan’s brother. We have not yet registered an FIR in relation to this complaint. We are currently making preliminary inquiries in connection to the case.”
Delhi police did not inform Bengaluru police
The Shaheen Bagh Police have reportedly failed to inform the Bengaluru City Police of their arrival in connection to the FIR registered against Nadeem Khan on Saturday.
Nadeem’s brother also highlighted in his police complaint that the Delhi Police had not given any intimation to the local police about their arrival.
“At around 8 pm, three police officials from the Sampigehalli Police Station, Bengaluru also came to my residence. It then became evident that the local police had not been notified by Delhi police,” alleged Nadeem’s brother.
On anonymity, a police inspector attached to Sampigehalli Police Station told South First: “We were informed about the arrival of the Shaheen Bagh Police personnel in the area to arrest Nadeem Khan only four hours after they entered his brother’s residence. As per protocol, the Delhi Police should have intimated us beforehand.”
“However, it is not uncommon for police teams to approach the complainant’s residence first and then notify us. At around 11.30 pm, they arrived at the police station and provided details about the FIR registered against Nadeem Khan.”
“They also informed us that they had posted a notice on the door of Nadeem’s brother’s house. The Delhi Police team left Bengaluru at around 12.30 am. They have not made any arrests connected to the case,” detailed the police inspector.
Also Read: Telangana police encounter in Mulugu kills seven Maoists
PUCL demands to quash FIR
In a press statement, the PUCL has strongly condemned the Delhi police’s alleged misconduct.
PUCL demanded to quash the FIR registered against Nadeem and compensate for the damages and legal action against the Shaheen Bagh police.
PUCL Condemns Harassment of and Malicious FIR against human rights activist Nadeem Khan of the APCR by Delhi Police.
Demands FIR quashing, Compensation, FIR against the SHO of Shaheen Bagh Police station for criminal intimidation, harassment, trespassing be lodged. pic.twitter.com/zVnJDL2p5O— Kavita Srivastava (@kavisriv) November 30, 2024
PUCL also alleged that approximately 25 Delhi Police personnel barged into the APCR office in Delhi without providing any notice, an FIR copy, or prior intimation.
“The Delhi Police enquired about APCR National Secretary Nadeem Khan and other members and employees of the organisation with the on-duty security guard. Around 20 officials turning up at the APCR office even before the FIR registered shows their malicious intent,” the PUCL said.
PUCL’s Karnataka wing President Arvind Narrain told South First: “Delhi Police tried to illegally arrest Nadeem Khan last night (30 November). Thanks to the presence of advocates and Nadeem’s legal awareness. The illegal arrest bid was foiled.”
“There are certain norms and procedures that the police have to work in the federal set-up. Delhi Police just can’t come in and act as per their whims and fancies in Karnataka. The intimidation he was subjected to is a form of attack on freedom of speech and expression and federal set-up,” stated Narrain.
(Edited by Muhammed Fazil.)
