On Thursday, the Supreme Court dismissed the Uttar Pradesh government’s appeal against the Allahabad High Court’s decision to overturn the arrest of Dr. Kafeel Khan under the National Security Act (NSA).
A bench of three judges headed by Chief Justice of India (CJI) Sharad Arvind Bobde, however, clarified that the observations made by the Allahabad high court in its decision on September 1 will not affect the outcome of criminal cases. against Khan. These cases, the bank said, will be decided on their own merits.
Khan, a pediatrician whose exposure to the controversy began with the 2017 Gorakhpur hospital tragedy in which more than 100 children died due to oxygen shortages and was suspended, was booked by the NSA last year for an allegedly inflammatory speech against the Citizenship Amendment Act (CAA) at the Muslim University of Aligarh (AMU).
After harshly accusing the state government of registering Khan under the NSA, the Allahabad High Court in September overturned the arrest warrant and allowed the habeas corpus petition filed by his mother, Nuzhat Parween.
Khan was released after spending seven months in jail.
In defiance of this order of the high court, the central government and the government of Uttar Pradesh have jointly filed an appeal, arguing that Khan disobeyed the prohibition orders and made a provocative speech to AMU students in an attempt to disturb law and order. in Aligarh inciting Muslim students. against other communities.
The petition added that Khan’s speech, on December 13, 2019, prompted some 10,000 AMU students to march towards the city of Aligarh.
The statement further stated that Khan has a history of committing various crimes, which have resulted in disciplinary action, his suspension from service, the FIR registration against him and the invocation of the NSA.
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