New Delhi: Delhi Minorities Commission chairman Zafarul Islam Khan on Friday moved the Delhi High Court seeking anticipatory bail in a sedition case lodged against him. According to his advocate Vrinda Grover, his plea was mentioned for an urgent hearing and it has been allowed to be listed on May 12.
A sedition case was filed against Khan after he published a post on April 28 having alleged seditious and hateful comments through his official page on social media.
Based on a complaint, the Delhi Police Special Cell on May 2 lodged 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.
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 which can have fatal consequences for a person of his age and health condition.
“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,’’ the petition filed through advocates Vrinda Grover, Ratna Appnender and Soutik Banerjee said.
The plea also sought a direction 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. It also sought a direction that Khan's laptop and mobile be not 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.
It said the FIR against him was "misconceived, being made on a misrepresentation of facts and an erroneous, untenable reading of the law.’’
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 the stellar work that he has been doing as Chairman of the commission.
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