Dr. Kafeel Khan had been in jail since January after he gave an alleged provocative speech at AMU during a protest against the CAA in December last year.
The Allahabad High Court on Tuesday overturned his detention under the National Security Law and ordered his immediate release, saying his speech at the AMU did not promote hatred or violence.
- News18.com
- Last update: September 2, 2020 8:25 am IST
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After his release from Mathura jail in the early hours of Wednesday, Dr. Kafeel Khan accused the Uttar Pradesh government of not doing ‘Raj Dharma’ and instead indulging in ‘Baal Hatth’ or childish stubbornness. He added that the state government could incriminate him in another case. Khan also said he would set up camps to work in flood-affected areas, a wish he had previously expressed in an open letter.
On Tuesday, the Allahabad High Court overturned his arrest under the National Security Law and ordered his immediate release, saying his speech at the AMU did not promote hatred or violence and called for national integrity. “The Mathura jail administration reported around 11:00 pm that Dr. Kafeel would be released, and around midnight, he was released,” Khan’s lawyer, Irfan Ghazi, told PTI.
Shortly after the Allahabad High Court order, when Kafeel’s family arrived at Mathura Prison for his release, the authorities refused to release him on the grounds that he had not received the order, after which the family had said that they would file a contempt petition with the Allahabad High Court. In a tweet, his wife, Dr. Shabista, claimed: “Even after a higher court order, they are not releasing Dr. Kafeel Khan. Adeel, Khan’s brother, also claimed that the administration of the Mathura prison He told them they will follow the order of the district magistrate and until the DM says he will not be released.
The court consisting of Chief Justice Govind Mathur and Judge Saumitra Dayal Singh said the Aligarh District Magistrate, who approved Khan’s arrest warrant, did a selective reading of his speech, ignoring his true intention. Kafeel was housed in Mathura jail for nearly seven and a half months under the National Security Act on charges of delivering inflammatory speeches in Aligarh against the Citizenship Amended Act (CAA) last year.
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Voiding Khan’s arrest warrant, the court said: “A full reading of the prima facia speech reveals no effort to promote hatred or violence. Nor does it threaten the peace and quiet of the city of Aligarh anywhere. The speech calls for national integrity and unity among citizens. The speech also disapproves of any kind of violence.
“It seems that the district magistrate had a selective reading and a selective mention of some phrases of the speech ignoring its true intention.” The court also said that in the present case, “it is determined that the causal link is missing or completely broken.”
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