By Yusuf Ansari, TwoCircles.net
New Delhi: Delhi Police on Sunday booked Chairman of Delhi Minorities Commission, Zafarul Islam Khan under sedition charge, two days after Khan was accused of making “inflammatory comments” in his social media posts.
According to Joint Commissioner of Special Cell, Neeraj Thakur, Khan has been booked under IPC sections 124 A (sedition) and 153 A (has been increasing animosity between the two communities).
An FIR was filed against Zafarul Islam Khan by a resident of Delhi’s Vasant Kunj. The complainant accused Khan’s comments on Twitter and Facebook of being “inflammatory and aimed at disturbing the communal harmony in the society.”
It all began when Khan in his Facebook post on April 28 thanked Kuwait to come to the rescue of persecution of Indian Muslims on Arab social media.
Khan had also said that the day Indian Muslims start complaining Arab countries of atrocities against them in India, it would send out quakes all over. His post went viral.
Many Muslim organizations strongly opposed the statement.
Surrounded by criticism for his last post, Zafarul Islam took to Facebook on Friday and clarified what he meant, simultaneously apologizing for his previous comments. Islam said that he had made an insensitive comment and that it was ill-timed. He said that he had no intention of doing so, however, media had taken it out of context and presented his tweet in a distorted manner. For this, he had sent legal notices to some news channels.
Khan’s arrest and accusing him of ‘treason’ has brought the Delhi Police into serious questioning. Pertinently, earlier this year in February, Delhi Police – despite the Delhi High Court orders failed to register FIR against BJP party leaders Anurag Thakur, MP Pravesh Verma and former MLA Kapil Mishra for allegedly making hate speeches.
As the country-wide lockdown is in place due to the rise in coronavirus infections in the country, Delhi Police is busy filing lawsuits against student activists and social workers who were involved in the Citizenship Amendment Act (CAA) protests.
In its recent action against Muslims, the police are arresting individuals associated with CAA and the latest case is of severe charges against Tablighi Jamaat’s Maulana Saad. In recent days, Police has also imposed the National Security Act (NSA) against Councilor Tahir Hussain who was suspended on charges of inciting Delhi violence. Sharjeel Imam is already in prison under NSA. Umar Khalid and Safoora Zargar have also been thrown into jails under NSA and UAPA.
Does posting on social media qualify one for being a traitor?
Delhi Police’s action of arresting Zafarul Islam has once again launched a debate on what treason really is. One needs an answer to whether social media posts can be a basis of calling someone a traitor? What can only be based on the case of treason to a post on social media? Does one become a traitor by posting ‘inflammatory comments’ on Facebook? Hence the response of Delhi Police to social media posts should be seriously questioned.
Here are a few things that would help us to understand on what grounds Khan has been charged for treason.
On what basis Delhi Police has based its charge of treason against Islam?
According to Delhi Police, an FIR was registered on receiving a complaint of a person living in Vasant Kunj of Delhi. The person complained regarding Khan’s post on Twitter and Facebook, alleging it was communal and inflammatory.
What has Zafarul Islam done?
Khan had written a post on April 28 which expressed his gratitude to Kuwait for responding to hate speech against Indian Muslims. He had also said that the day Indian Muslims complain Arab countries of atrocities against them in India, there will earthquakes everywhere.
What is in Section 124 (A)?
Zafarul Islam has been booked under Section 124 (A). Let us have a look at what the section says:
“Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India shall be punished with imprisonment for life to which fine maybe added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”
As you may know Kedarnath Singh in the Supreme Court has made it clear that it makes a case of treason against anyone under 124 (a) only if he/she has incited violence against any government or participated in incited violence.
It was in a 1995 case when two people, accused of raising slogans of ‘Khalistan Zindabad’ and ‘Hindustan Murdabad’ that the apex Court had said in its decision that only sloganeering doesn’t qualify for a case of treason as slogans don’t pose a threat to the government.
The case of treason against Zaraful Islam is very weak
Therefore, the question is whether Zafarul Islam has incited violence or encouraged violence? Has this post threatened the government? What ‘earthquake’ is Zafarul Islam talking about in his post? If the quake refers to violence, the question is what value does it have? Did it instigate any violence? The clear answer is no, it didn’t incite any violence and is likely to not do so.
In his post, Khan was talking of a third country. His mentioning of it has not led any violence, nor it can claim any violence erupted due to it. In that scenario, Zafarul Islam’s post accounts for no treason.