Priyanka Vadra lauds Allahabad HC verdict in Kafeel Khan case, taunts UP govt on 'malice'

Congress General Secretary Priyanka Gandhi Vadra on Tuesday requested the Uttar Pradesh government to immediately release Dr. Kafeel Khan without any malice. Earlier in the day, a division bench of the Allahabad High Court comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh quashed Dr. Khan's detention under the National Security Act and ordered for his release from Mathura District Jail. On this occasion, Vadra thanked all the persons who strived for Dr. Khan's release, including UP Congress workers.

A month ago, the Congress General Secretary had written to UP CM Yogi Adityanath, urging him to ensure justice in this case. She expressed hope that Adityanath would show his sensitivity. To convince him further, she quoted Hindu saint Guru Gorakhnath's preaching- 'Do not discriminate against anyone. Talk in a sweet language. If the person in front of you is burning like fire, you calm him down by becoming water'. 

Prolonged incarceration

Khan was one of the accused in a case involving the deaths of several children due to disruption in the supply of oxygen at a Gorakhpur hospital in August 2017. He was again arrested by the UP Special Task Force from Mumbai on January 29, 2020, for allegedly giving a provocative speech at the open talk in the Aligarh Muslim University on December 12, 2019. 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 the Mathura district jail. Despite being granted bail by the Chief Judicial Magistrate court in Aligarh, Dr. Kafeel Khan’s release from the jail was delayed. Subsequently, he continued to languish in prison as NSA charges were slapped against him. In August, his detention under the NSA was extended for a period of three months. 

Read: Kafeel Khan's Detention Under NSA Extended By 3 Months

The Allahabad HC verdict

In its judgment, the Allahabad HC observed that no one can be deprived of his/her personal liberty except in accordance with procedures established by law. Reproducing the full speech of Dr. Khan, the bench held that it not only gives a call for national unity but also does not show any effort to promote hatred or violence. The bench ruled that the preventive detention order cannot be sustained in the absence of any material indicating that Dr. Khan continued to act in a manner prejudicial to public order from the date of his speech to the invocation of NSA. Furthermore, the judges rejected the contention of the Additional Advocate General that Dr. Khan was in touch with the students of Aligarh Muslim University even in prison.

Read: Yogi Govt Slaps NSA Against Dr. Kafeel Khan For Alleged Inflammatory Anti-CAA Speech