Dr Kafeel Khan released from Mathura jail hours after HC quashed his detention under NSA
On September 1, the Allahabad High Court quashed the detention of Dr Kafeel Khan under the NSA and ordered his immediate release.
September 02, 2020 / 09:55 AM IST
Kafeel Khan, a doctor from Uttar Pradesh who was jailed for 212 days under the National Security Act (NSA) for an alleged speech against the Citizenship (Amendment) Act, was released from Mathura jail late on September 1.
The Allahabad High Court earlier in the day quashed the detention of Khan under the NSA and ordered his immediate release. The bench comprising Chief Justice Govind Marhur and Justice Saumitra Dayal Singh allowed the writ petition filed by Khan's mother Nuzhat Parveen and said the order for his detention passed by the district magistrate is illegal.
Khan has been in jail since January after he allegedly delivered a provocative speech at the Aligarh Muslim University (AMU) during the anti-CAA protests in December last year.
The petition alleged that Khan was granted bail in February by a competent court and he was supposed to be released on bail. However, he was not released for four days and the NSA was subsequently invoked against him. Hence, his detention was illegal, the petition argued.
Under the NSA, people can be detained without a charge for up to 12 months if authorities are satisfied that they are a threat to national security or law and order.
The order issued by the court says, "A complete reading of the speech of Dr Kafeel Khan 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."
"It appears that the District Magistrate had selective reading and selective mention for few phrases from the speech ignoring its true intent." The court further said in the instant case, the "causal link is found to be missing or completely broken".
The paediatrician first came into limelight when 60 children lost their lives
at the Gorakhpur’s BRD Medical College Hospital due to shortage of oxygen in August 2017. He spent almost nine months in prison. After two years, he was absolved of charges
of medical negligence and corruption in connection with the case.