HC orders Kafeel Khan’s release
PRAYAGRAJ: The Allahabad high court on Tuesday set aside Gorakhpur paediatrician Kafeel Khan’s detention under the National Security Act (NSA) and ordered his release, holding that a speech he made in the backdrop of protests against the Citizenship (Amendment) Act did not promote hatred or violence.
Rather, the speech Khan made at Aligarh Muslim University (AMU) on December 12 deprecated violence and called for national integrity and unity, a division bench headed by high court chief justice Govind Mathur said.
The order passed by the district magistrate of Aligarh on February 13, ordering Khan’s detention under the NSA, was based on a selective reading of Khan’s speech, ignoring its true intent, the court said.
“The speech nowhere threatens peace and tranquility of the city of Aligarh. The address gives a call for national integrity and unity among the citizens. The speech also deprecates any kind of violence. It appears that the district magistrate had selective reading and selective mention for few phrases from the speech. ignoring its true intent,” held the bench, which also comprised justice Saumitra Dayal Singh.
Khan was arrested in January from the Mumbai airport for the speech at Aligarh Muslim Unicourt versity (AMU) on the amended citizenship law, which was passed last year, after a case had been registered against him for promoting enmity between religions. He first hit the headlines after the death of 60 children in a Gorakhpur hospital in September 2017, allegedly because of the disruption of oxygen supply over unpaid bills to the vendor. He was suspended and spent more than seven months in jail before being released in April 2018. The Allahabad high court said that even if the claim of the state authorities on the nature of Khan’s speech was accepted, it would not be sufficient to detain Khan nearly two months after the speech, especially given that Khan had neither visited Aligarh later, nor did he deliver any more speeches or engaged in any act that could prejudice public order. “Mere apprehension expressed in the grounds of detention, not founded on any material shown to exist on record, if allowed to stand, would fall foul with the test (for preventive detention) laid down by the Supreme Court..,”the
said, citing a previous case.
The order came on a Habeas Corpus petition by Khan’s mother, Nuzhat Perween, challenging the validity of the February 13 order of the district magistrate. Perween had earlier approached the Supreme Court which on, August 11, asked the high court to dispose of her plea speedily.
“I welcome this decision. It reflects what we tried to present regarding the factual and legal position. The high court has accepted it and entire exercise of detention has been declared illegal,” advocate Fuzail Ayyubi, who was Khan’s lawyer before the Supreme Court, said.
The NSA empowers the government to detain a person to prevent him from acting in a manner prejudicial to the security of the state or public order.
Khan has been in custody since January 29. He was granted bail on February 10 by the chief judicial magistrate of Aligarh, but was not released. Just three days later, the state slapped the NSA against the doctor. Khan’s detention under the NSA was extended by three months on May 6 and then again on August 4 for three months.