Apex Court Upholds Allahabad High Court Order Quashing Dr Kafeel Khan's Detention

A three-judge judge bench of Chief Justice of India SA Boban, Justices AS Bopanna and V Ramasubramanian upheld the Allahabad High Court verdict of quashing detention order of Dr Kafeel Khan’s under the National Security Act (NSA).  

There is no reason to interfere with the High Court’s Order: Supreme Court 

The Supreme Court while dismissing the Uttar Pradesh government’s  appeal said that there is no reason to interfere with the High Court’s order, however, the Court elucidated that other criminal charges against the accused will be decided on its own merits. The High Court’s Division Bench of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh accented the plea filed on behalf of Dr Khan by Nuzhat Perween (mother) and quashed his detention.  

Both the detention and the extension of this detention was unsustainable in law: Allahabad High Court 

The accused was detained for a provocative speech at the Aligarh Muslim University in the backdrop of protests against the Citizenship Amendment Act and was lodged in Mathura jail  The State High Court was of the view that opposite to allegation of speech abetting violence and hatred, the speech was actually for national integrity and unity. 

Initially, the accused moved to the apex court which ordered him to approach the High Court. The High Court had observed that the accused was not been provided with equal opportunity to give a representation against his detention. It is pertinent to point out that Dr Khan was not served the orders extending his detention either. Therefore, the court ordered that both his detention and the extension of this detention was unsustainable in law.