Hindustan Times (Noida)

Kafeel Khan gets interim relief from Allahabad HC

- HT Correspond­ent letters@hindustant­imes.com

PRAYAGRAJ: The Allahabad high court on Thursday set aside a charge sheet and cognizance order against activist Kafeel Khan by chief judicial magistrate (CJM), Aligarh in a criminal case that alleged he delivered an incendiary speech during protests against the Citizenshi­p Amendment Act (CAA) and National Register of Citizens (NRC) at Aligarh Muslim University in 2019.

The court said the requisite sanction under section 196 (a) of Criminal Procedure Code (CRPC) for such cases was not taken from the central or state government by the district magistrate or police authoritie­s before filing the charge-sheet.

But justice Gautam Chaudhari made it clear that the chargeshee­t and its cognizance may be taken by the court after mandatory sanction granted under section 196 (a) of Criminal Procedure Code (CRPC) by the central as well as state government.

Earlier, an FIR was lodged

against Khan under section 153A (promoting enmity between different groups), 153B (imputation­s, assertions prejudicia­l to national integratio­n), 505 (2) (statement creating or promoting, enmity, hatred or ill-will between classes) and 109 (abetment of offence) of the IPC.

In January 2020, he was arrested and sent to jail. In March, the police submitted a chargeshee­t before the Aligarh court and the chief judicial magistrate took cognizance of it.

According to section 196(a) of the CRPC, no court shall take cognizance of any offence under section 153A of the IPC except with the previous sanction of the central or the state government or the district magistrate.

 ??  ?? Kafeel Khan
Kafeel Khan

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