Harry Miller has claimed that "it's a perfectly legitimate point of view" after it has been revealed that The Metropolitan Police is assessing a report of "hate speech" made against Lee Anderson.
Last week Anderson claimed that Islamists had "got control" in London and that Khan - who sets policy for the Metropolitan Police - had "given away our capital city to his mates".
The Ashfield MP was then suspended from the Conservative Party after he refused to apologise for the remarks.
Miller, who won a freedom of expression case against the police after he was accused of sending transphobic tweets, told Martin Daubney on GB News: "The comments cannot and the must not [be recorded as a hate crime].
Lee Anderson was suspended by the ToriesGb News"This is the reason that I went to the High Court and the Court of Appeal. In order to clarify for the police in particular that they cannot start criminalising or investigating people because they express a political point of view.
"The problem that we have is that the police have got a political bent and it is in their interest to seek out hate."
"The police do not like right-wingers. The police equate the right-wing with hate, yesterday I had the misfortune of being on a hate crime champions training day where I was subjected to propaganda from 'hope not hate.'
"If you remember Martin both you and I appear in the last 'hope not hate' report as being far-right lunatics. This is the kind of nonsense that the police are sucking up too and repeating."
Harry Miller claimed he was just "expressing a perfectly legitimate point of view"
GB News
Miller explained: "The police have no business whatsoever for investigating an MP for expressing a perfectly legitimate point of view."
Last week London Mayor Khan criticised Anderson, saying his remarks were "Islamophobic, racist and anti-Islam".
Responding, Khan said: "These comments from a senior Conservative are Islamophobic, are anti-Muslim and are racist.
"We've seen over the last two days confirmation that over the last few months there's been an increase in anti Muslim cases by more than 330 per cent.
Lee Anderson did not apologise for his comments
Parliament TV"These comments pour fuel on the fire of anti Muslim hatred and I'm afraid the deafening silence from Rishi Sunak and from the cabinet is them condoning this racism."
"And I'm afraid it confirms to many people across the country that there's a hierarchy when it comes to racism."
Following his suspension Anderson said: "Following a call with the Chief Whip, I understand the difficult position that I have put both he and the Prime Minister in with regard to my comments.
"I fully accept that they had no option but to suspend the whip in these circumstances.
"However, I will continue to support the Government's efforts to call out extremism in all its forms - be that anti-semitism or islamophobia."