Allahabad HC drops NSA charges against Dr Kafeel Khan, orders his immediate release

Declaring the detention of Dr Kafeel Khan under NSA as 'illegal', the Allahabad High Court on Tuesday, revoked the order against him and directed the government for his immediate release. The Supreme Court had two weeks earlier directed the Allahabad High Court to dispose of a plea seeking Kafeel Khan's release within 15 days. Nuzhat Parween, the mother of Khan had filed a petition seeking her son's release from detention.

"We are having no hesitation in concluding that neither detention of Dr. KafeelKhan under National Security Act, 1980 nor extension of the detention are sustainable in the eye of law," the division bench consisting of Justices Govind Mathur and Saumitra Dayal Singh said. "The order of detention dated 13th February 2020 passed by District Magistrate, Aligarh and confirmed by the State of Uttar Pradesh is set aside," the bench said. 

Dr Kafeel Khan was detained under the National Security Act (NSA) for allegedly giving a provocative speech during anti-CAA protests. According to the petitioner, Khan was granted bail by a competent court. However, he was not released for four days and subsequently, the NSA was slapped on him. 

READ | Kafeel Khan's detention under NSA extended by 3 months

Khan's detention

Khan has been in jail since January 29 after a speech he delivered at the Aligarh Muslim University on December 10, 2019, during the anti-Citizenship (Amendment) Act (CAA) protests. The speech was deemed "provocative" by the BJP-led government in Uttar Pradesh, which booked Khan under the NSA.

READ | Amid Dr Kafeel Khan's prolonged incarceration, Priyanka Vadra demands justice from UP CM

What does Aligarh Police FIR say?

As per the Aligarh Police FIR, Kafeel Khan stated that the BJP leadership was teaching everyone to adhere to their religion first, rather than becoming good human beings. Alleging that the Citizenship Amendment Bill rendered Muslims as second-class citizens, he purportedly claimed that they would be harassed after the implementation of the National Register of Citizens. 

Khan, according to the FIR, said that the people had to fight as it was a matter of their existence and argued that the students in the RSS school were being taught to identify certain people as terrorists. Section 153-A (Promoting enmity between different groups on ground of religion) was included in the FIR. After being taken to Aligarh, he was sent to Mathura jail. 

READ | Allahabad HC seek response of Centre, UP govt in plea requesting Kafeel Khan's release

Who is Dr Kafeel Khan?

Dr Kafeel Khan had earlier grabbed headlines after 60 children died in the BRD hospital in September 2017 allegedly due to disruption in oxygen supply over unpaid bills to the vendor. He was suspended and was jailed before being granted bail in April 2018 by Allahabad High Court, with the Court specifying that there was no evidence of negligence on his part. Last September, Dr Kafeel Khan was given a clean chit in the 2017 BRD hospital tragedy. He had then claimed that he was a victim and being punished for a crime that he never committed.

READ |  SC directs Allahabad HC to dispose of plea seeking Kafeel Khan's release within 15 days