Dr Kafeel Khan’s Speech Does Not Promote Hatred and Violence, Affirms Allahabad HC

Huge relief for Dr Kafeel Khan

On September 1, the Allahabad High Court gave a huge relief to Dr Kafeel Khan, who has been held in custody under the stringent provisions of the National Security Act, 1980 (NSA Act) as it directed the government to immediately release him from the Mathura Jail, Uttar Pradesh. Dr Khan was arrested and subsequently detained due to his controversial and proactive speech at the Aligarh Muslim University on December 13, 2019, amidst the anti-CAA protests.

“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" said the Court.

Extension of period of detention declared unsustainable in the eyes of law

The Division Bench comprising of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh revoked the NSA charges levied against Dr Khan. They set aside the order of detention passed on 13th February 2020 by the District Magistrate, Aligarh under the NSA Act. This order was then confirmed by the state of Uttar Pradesh. The extension of the period of detention was also declared to be illegal.

Furthermore, the High Court observed that the State of UP failed to discharge its burden to establish that Khan's December speech had "such a deleterious effect on the public in district-Aligarh as had continued to exist up to 13.02.2020 necessitating preventive detention of the detenue".

Dr Khan’s mother moved the plea of habeas corpus

The order came after a writ petition was filed by Dr Khan's mother, Nuzhat Parveen, who alleged that his son had been detained illegally. The petition was a habeas corpus plea and she had first approached the Supreme Court of India in March this year, seeking the release of her son. However, the Supreme Court disposed of this plea by stating that the Allahabad High Court is the appropriate forum for dealing with the matter.

Dr Khan’s earlier encounter with UP police

Dr Khan rose in the limelight first in August 2017 during the tragedy in Baba Raghav Das (BRD) Medical College Hospital, Gorakhpur, regarding the death of nearly 60 infants due to lack of oxygen supply. He was reported to act as a savior as he arranged for the required emergency oxygen supply by himself. 

However, despite his efforts, multiple FIRs were registered against him like that of Section 409 (criminal breach of trust by a public servant, or by banker, merchant or agent), 308 (attempt to commit culpable homicide), and 120-B (criminal conspiracy) of the Indian Penal Code, 1860. It was alleged that he was negligent in his duties which led to a shortage of medical oxygen. Subsequently, an inquiry commission set up to investigate Dr Khan’s role in the medical tragedy found no evidence of medical negligence against him.