Allahabad High Court Sets Aside NSA Detention of Kafeel Khan
The Allahabad high
court said the detention of Dr Kafeel Khan under the National Security Act
(NSA) is “not sustainable in the eye of law”, ordering his immediate
release. The division bench of
Chief Justice Govind Mathur and Justice Saumitra Dayal Singh also noted that
the Aligarh district magistrate had quoted selectively from a speech given by
Khan at the Aligarh Muslim University to justify his detention. The judges
noted, according
to Bar & Bench: “We are having no
hesitation in concluding that neither detention of Dr. Kafeel Khan under
National Security Act, 1980 nor extension of the detention are sustainable in
the eye of law.”
According
to LiveLaw, the court, concluding that the order of detention is
bad, adds: “The writ petition for
the reasons given above is allowed. 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 extension of the period of detention of detenue Dr.
Kafeel Khan is also declared illegal. A writ in the nature of habeas corpus is
hereby issued to release Dr. Kafeel Khan, the detenue from State custody
forthwith.”
The order comes after
the Supreme
Court on August 11 asked the high court to decide on the plea for
Khan’s release within fifteen days. Khan, who first came
to national attention during the Gorakhpur
oxygen shortage tragedy, was arrested in January from Mumbai for an alleged
‘provocative speech’ that he delivered at the Aligarh Muslim University during
an anti-Citizenship (Amendment) Act (CAA) protest.
Though he was granted
bail in the case, he was not released. The Aligarh administration then slapped
the NSA on him on February 13. Under the law, a person can be detained for up
to a year. The order quotes
the entire speech made by Khan to contextualise the comments which the
prosecution says were ‘provocative’. The bench found that even prima facie,
Khan’s speech “does not disclose any effort to promote hatred or violence. It
also no where threatens peace and tranquillity 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.” “No doubt, some part
of the phrases used in the grounds for detention are there in speech, but
apparently in different context. The speaker was certainly opposing the
policies of the government and while doing so certain illustration are given by
him, but that no where reflects the eventualities demanding detention,” the
order notes....
https://thewire.in/law/allahabad-high-court-nsa-detention-kafeel-khan-set-asideWhy is Dr Kafeel Khan Still In Jail On The Eve Of Independence Day? BY BETWA SHARMA
