UP govt moves SC against Allahabad HC order quashing Dr Kafeel Khan’s detention under NSA
The UP government has registered an SLP in SC against the 1 September order of Allahabad High Court which quashed his detention under the National Security Act. The petition State of UP v Nuzhat Parween that was filed on 26 October may be listed on 17 December before the Supreme Court.
Dr Kafeel Khan, a Gorakhpur based lecture was arrested in January from Mumbai on the reasons for giving a speech at Aligarh Muslim University on 17 December against the CAA 2019(Citizenship Amendment Act).
The professor was slapped with charges under NSA 1980, for disturbing public order in the region and for constructing an atmosphere of insecurity and fear among the citizens.
A Habeas Corpus petition moved by his mother, firstly was listed before the Allahabad HC on 1/6/2020, after the SC refused to interfere in the matter, by stating that the High Court is a more appropriate forum.
The High Court on 1 September allowed the habeas corpus petition with directions to release him.
On the perusal of the record maintained under the Act, the Allahabad HC said that there 2as no basis to either detain Kafeel Khan, let alone to expand such detention twice, as a detailed reading of his speech showed that he ‘deprecated any kind of violence’.
It was noted by the court that his speech actually indicated ‘a call for national integrity and unity’. The judgement completely reproduced his speech which was termed as ‘provocative’ by the District Magistrate.
The judgement by a bench of CJ Govind Mathur and Justice Saumitra Dayal Singh held that the speech is not such that a man can arrive at a conclusion as the inference drawn by the District Magistrate, Aligarh, who passed the order of detention against Kafeel in February.
Accordingly, it has revoked the NSA charges against Dr Kafeel; the detention order dated 13/2/2020 passed by the District Magistrate under the Act and confirmed by the state of UP has been set aside.
Following the order of the High Court, he was released from the Mathura jail on 2 September.
He first came in news when more than 60 infants died due to lack of oxygen supply at the BRD Medical College and Hospital in August 2017. It was initially seen that he was a saviour by promptly acting to arrange oxygen supplies from his own pocket.
Despite all this work, he was named in an FIR under Section 309, 40B and 120-B under IPC.
In September 2017, he was arrested and was released in April 2018 when the High Court saw that no materials existed to establish charges against him under medical negligence.