The Allahabad High Court on September 1 ordered immediate release and the dropping the National Security Act (NSA) against Dr Kafeel Khan who spent 212 days in jail over an alleged inflammatory speech against the Citizenship Amendment Act (CAA).
The bench headed by Chief Justice Govind Mathur and Justice Saumitra Dayal Singh, was hearing a habeas corpus petition filed by Khan’s mother Nuzhat Parveen, who fought for his release on grounds that he had been detained illegally.
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 no where threatens peace and tranquility of the city of Aligarh. The address gives a call for national integrity and unity among the citizens."
His mother in her petition said that her son was granted bail in February, but the NSA was invoked against him before he could be released.
She also said he was not released for four days after given bail, therefore making his detention illegal.
Khan was arrested in January for delivering a speech at Aligarh Muslim University on December 10, 2019. On February 13, the NSA charges were invoked against him on the orders of the Aligarh District Magistrate.
While on August 16, his detention under NSA was extended for the second time by three months.
Under the NSA, people can be detained without a charge for up to 12 months if authorities are satisfied that they are threat to the national security or law and order.
Dr Khan was booked under IPC section 153A (promoting enmity between different groups on grounds of religion).
According to the FIR registered against him, his speech threatened to “disrupt the harmony between the communities” and was “also likely to create a law and order situation”.
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