The UP government argued that Dr. Kafeel Khan had a history of crimes committed.
New Delhi:
The Uttar Pradesh government lost its Supreme Court case today seeking harsh charges against a doctor, Kafeel Khan, under the National Security Act (NSA) for a speech against the amended citizenship law.
“Criminal cases will be decided on their own merits. A remand order cannot be used in another case,” said Chief Justice of India SA Bobde, upholding an order from the Allahabad High Court that had released the doctor .
“It appears to be a good order from the Superior Court. We do not see any reason to interfere with the order. But the observations will not affect the prosecution in criminal cases,” Judge Bobde said.
The Yogi Adityananth government had challenged the Allahabad High Court verdict on September 1 that canceled Kafeel Khan’s arrest under the NSA, calling it “illegal.”
The Gorakhpur doctor was arrested in Mumbai in January for an allegedly “incendiary” speech he made last year at the Muslim University of Aligarh during an organized protest against the 2019 Citizenship Amendment Act. The doctor was charged with charges under the National Security Law. for “disturbing public order in the city and creating an atmosphere of fear and insecurity among the citizens of Aligarh.”
The High Court had overturned the arrest warrant, saying the doctor’s speech showed no effort to promote hatred or violence.
While Dr. Khan was first charged with allegedly promoting enmity between different groups on the grounds of religion, the charges under the NSA were later invoked after he was granted bail on February 10.
The UP government argued that Dr. Khan had a history of committing crimes, leading to disciplinary action, suspension from service, registration of police cases, and national security law.
The NSA authorizes the government to detain people without charge in court for up to one year if they suspect that they may disturb the public order, endanger the security of India or its ties to foreign countries.
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