On Tuesday, the Allahabad High Court ordered to release Dr Kafeel Khan. Dr Kafeel got arrested in last year, in December for his speech at Aligarh Muslim University. The Allahabad High Court said that Kafeel’s speech was not promoting any type of violence or hatred.
Dr Kafeel Khan was booked by the UP Government under NSA(National Security Act). He delivered a speech in AMU regarding the anti-CAA protest on December 12, 2019. An FIR was registered on him under 153A of IPC, alleging that his speech disturbed communal harmony and destroyed peace.
After his arrest on January 29, 2020, he was granted bail on February 10. However, he was not released despite three release orders from the magistrate. 3 days later he was charged under NSA.
However, the Allahabad High Court said that imposing the stringent act on Dr Kafeel Khan was illegal based on the grounds submitted by the authorities.
Doctor’s mother filed the habeas corpus writ petition which was allowed by the bench of the high court comprising chief justice Govind Marhur, and justice Saumitra Dayal Singh, for the release of Dr Kafeel Khan. The court stated that the speech of Khan did not promote any sort of violence or hatred.
“A complete reading of the speech also no where 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,” the judgement read.
Moreover, as per the habeas corpus petition, bail was granted to the doctor by a competent court and he was supposed to be released on the bail.
Although he was not released for 4 days and was also imposed by the NSA later. So, his detention was illegal as it was imposed to neutralize the effect of the bail which a competent court granted.
Khan had earlier hit the headlines after the 2017 tragedy at Gorakhpur’s Baba Raghav Das (BRD) Medical College, in which several children died due to lack of oxygen cylinders.