Allahabad, September 1
The Allahabad High Court on Tuesday quashed the detention of Dr Kafeel Khan beneath the National Security Act and ordered his quick launch, saying the Aligarh district Justice of the Peace did a “selective reading” of his speech on the AMU.
The Bench comprising Chief Justice Govind Marhur and Justice Saumitra Dayal Singh allowed the writ petition filed by Khan’s mom Nuzhat Parveen and stated the order for his detention handed by the district Justice of the Peace is illegitimate.
The petition argued that Khan was granted bail in February by a reliable court docket and he was purported to be launched on bail. However, he was not launched for 4 days and the National Security Act (NSA) was subsequently invoked in opposition to him. Hence, his detention was unlawful.
Khan has been in jail since January after he delivered the allegedly provocative speech on the Aligarh Muslim University (AMU) through the anti-Citizenship (Amendment) Act (CAA) protests in December final yr. He is lodged in Mathura jail.
Under the NSA, an individual will be detained and not using a cost for as much as 12 months if authorities are happy that she or he is a menace to nationwide safety or legislation and order.
Quashing Khan’s detention order, the court docket stated: “A complete reading of the speech prima facie does not disclose any effort to promote hatred or violence. It also nowhere 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”.
“It appears that the District Magistrate had selective reading and selective mention for few phrases from the speech ignoring its true intent.”
The court docket additional stated within the on the spot case, the “causal link is found to be missing or completely broken”.
“In absence of any material indicating that the detainee continued to act in a manner prejudicial to public order from December 12, 2019, up to February 13, 2020, or that he committed any such other or further act as may have had that effect, the preventive detention order cannot be sustained,” it stated.
“In fact, the grounds of detention are silent as to public order at Aligarh being at risk of any prejudice in February 2020 on account of the offending act attributed to the detainee on the date December 12, 2019,” the court docket stated in its order.
“What remains is a mere apprehension expressed by the detaining authority without supporting material on which such apprehension may be founded,” it stated.
The court docket stated it had additionally examined the legality of the detention on the rely of giving efficient alternative to the detainee to signify at earliest.
“The grounds for detention along with material were supplied to the detainee in light of clause (5) of Article 22 of the Constitution of India enabling him to submit representation to the competent authorities at earliest,” it stated.
“The material so given was a compact disk of the speech delivered by Dr. Kafeel Khan on 12th December, 2019, at Bab-e-Syed gate of Aligarh Muslim University,” it stated.
“On asking, it is conveyed to us that no transcript of the speech was supplied to the detainee. The non-supply of transcript would have been of no consequence, if a device would have been supplied to the detainee to play the compact disk. It is the position admitted that no such device was made available to the detainee,” it added.
One extra necessary facet of the matter is that the orders of extension of detention had been by no means served upon the detainee, the court docket stated.
“The record shown to us and the pleadings of the petition also refer that only radiograms relating to decision of the State Government for extension of the term of detention were supplied to the detainee,” it stated.
“The radiograms mention that the actual order shall be sent through speed post but in fact nothing except the radiograms were given to the detainee. In light of the discussion above, 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,” it stated.
In its order, the court docket stated, “The writ petition for the reasons 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,” it stated.
In August, the Uttar Pradesh authorities had prolonged Khan’s detention beneath the NSA by a interval of three months.
In an order dated August 4, the Home Department stated the NSA was invoked in opposition to Khan on February 13, 2020, on the orders of the Aligarh district Justice of the Peace. After this, the matter was despatched to the advisory council, which, in its report, stated there are “enough reasons” to maintain Khan in jail.
Khan first hit headlines after the 2017 tragedy at Gorakhpur’s Baba Raghav Das (BRD) Medical College, the place a number of youngsters died attributable to lack of oxygen cylinders.
Initially, he was hailed as a saviour for the kids for arranging emergency oxygen cylinders. However, later, he confronted motion together with 9 different medical doctors and workers members of the hospital, all of whom had been launched on bail. PTI