Dr. Kafeel Khan was arrested in January for delivering the speech at Aligarh Muslim University on December 10, 2019. The NSA was invoked against Khan on February 13, 2020.
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- Last update: September 1, 2020 1:17 PM IST
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To Dr. Kafeel Khan’s great relief, the Allahabad High Court on Tuesday ordered his immediate release and the withdrawal of the strict National Security Act (NSA) charges against him, which were invoked earlier this year by an alleged inflammatory speech by him against the Citizenship Amendment Act. (CAA).
Khan was arrested in January for delivering the speech at Aligarh Muslim University on December 10, 2019. The NSA charges were invoked against him on February 13, 2020, by order of the Aligarh District Magistrate. On August 16, his detention under the NSA was extended for the second time for three months.
The divisional court of Chief Justice Govind Mathur and Judge Saumitra Dayal also declared the extension of their detention illegal. The order was approved based on a petition filed by the pediatrician’s mother, Nuzhat Parveen.
According to the NSA, individuals can be detained without charge for up to 12 months if authorities are convinced that they are a threat to national security or public order.
Khan was booked under section 153A of the IPC (which promotes enmity between different groups on the grounds of religion).
The FIR registered against him affirms that his speech threatened to upset the harmony between the communities and was also likely to create a situation of public order.
Subsequently, Sections 153B (Indictments, claims harmful to national integration) and 505 (2) (Statements creating or promoting enmity, hatred or ill will between classes) of the Indian Penal Code were added to the FIR.
The doctor, who is currently in Mathura jail, first made headlines in August 2017 when several children died at the BRD Medical College in Gorakhpur, where he was working as a pediatrician.
Although he was later fined in a departmental investigation, the government did not reinstate him.
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