File photo of Dr. Kafeel Khan
Dr. Kafeel Khan was detained under the National Security Act for an allegedly “provocative” speech made during the anti-CAA protests in Aligarh in December last year.
- Last update: September 1, 2020 4:12 PM IST
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After days of waiting, the Allahabad High Court on Tuesday ordered the immediate release of the detained Dr. Kafeel Khan and the withdrawal of the strict National Security Act (NSA) charges against him. The court also declared the extension of his detention illegal. The relief comes after months in detention for Kafeel, who had been in prison for delivering inflammatory speeches in December. Khan had been in prison since January.
Who is Dr. Kafeel Khan?
Dr. Kafeel Khan was a professor and nodal officer of the encephalitis ward at the state-run BRD Medical College in Gorakhpur. Dr. Khan was highly praised for his life-saving efforts during the 2017 hospital tragedy that killed 63 children. The deaths reportedly occurred due to a cut in the oxygen supply, and medical negligence was attributed to the deaths. Khan was arrested in August 2017 after the UP government denied that the deaths occurred due to the oxygen supply cut off. Khan was acquitted of all charges in September 2019.
Why was Kafeel Khan now in prison?
Khan has been in jail since January 29 after a speech he delivered at the Muslim University of Aligarh on December 10, 2019 during protests against the Citizenship (Amendment) Act (CAA). Following the speech, the Uttar Pradesh government invoked the NSA charges against him on February 13, 2020, by the Aligarh District Magistrate. On August 16, his detention under the NSA was extended for the second time for three months.
Why was the Kafeel Khan extension illegal?
According to the NSA, people 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’s mother, Nuzhat Parveen, filed a plea in Allahabad HC requesting his release, after which a court composed of Judges Manoj Mishra and Deepak Verma approved the order asking the Center and the Uttar Pradesh government to present their responses in a case in which Khan’s release is requested. At the hearing on Tuesday, the Allahabad HC observed that Kafeel’s speech was neither inflammatory nor sufficient for preventive detention.
What did the court say?
The bench of the division of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh noted that Khan’s speech reveals no effort to promote hatred or riots, according to Living law. The court held that the speech did not harm the “peace and quiet of Aligarh”. He also added that the speech made a “call for national integrity and unity among citizens.”
A full reading of Dr. #kafeelkhan prima facie discloses 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: HC pic.twitter.com/EzAvvV371N
– Live Law (@LiveLawIndia) September 1, 2020
Khan had popular support from civil society and a number of celebrities who have been campaigning for his release for months. His family recognized Dr. Kafeel’s active social work after his 2018 release from jail as the reason behind the growing support for the doctor.
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