The order was passed by a division bench of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh.
The Allahabad High Court on Tuesday, 1 September, revoked the National Security Act (NSA) charges against Dr Kafeel Khan, and directed his immediate release.
The order by a Division Bench of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh read:
“The order of detention dated 13 February 2020 passed by district magistrate and confirmed by the state of Uttar Pradesh is set aside. The extension of the period of mention of detenue Dr Kafeel Khan is also declared illegal. A writ in the nature of habeas corpus is hereby issued to release Dr Kafeel Khan, the detente from state custody forthwith.”
WHAT DID THE COURT SAY?
Quoting Dr Kafeel Khan’s speech from 12 December 2019 at Aligarh Muslim University, on the basis of which he was detained, the court said:
“No doubt, some part of the phrases used in the grounds for detention are there in speech, but apparently in different context. The speaker was certainly opposing the policies of the government and while doing so certain illustration are given by him, but that no where reflects the eventualities demanding detention.”
The court further said:
“At the cost of repetition, it would be appropriate to state that from 12th December, 2019 to 29th January, 2020 the detenue was roaming free and he had ample time to make all the efforts to damage public order in the city of Aligarh, if he was intending to do so.”
The bench also pointed out that while the orders were to be sent through speed post, all that Dr Khan was given were radiograms.
“The order of detention dated 13th February, 2020 passed by District Magistrate, Aligarh and confirmed by the State of Uttar Pradesh is set aside. The is also declared illegal,” said the court.
BACKGROUND
Dr Kafeel Khan was arrested on the night of 30 January with assistance from Mumbai Police at the airport when he arrived in the city to attend anti-CAA protests.
An FIR was registered against Khan under Section 153-A (Promoting enmity between different groups on ground of religion) of the Indian Penal Code (IPC) at the civil lines police station in Mumbai on 13 December.
According to the FIR, Khan had said in his speech that “‘Mota bhai’ teaches us to become Hindu or Muslim but not human beings,”
Khan, hit the headlines first after the infant deaths tragedy in Gorakhpur’s BRD hospital in 2017. Khan was suspended and arrested following the outrage over the incident.
However, a government-led probe had absolved him of the charges of corruption and medical negligence in 2019.
