HC revokes charges against Dr. Kafeel Khan under National Security Act [Read Order]

The Allahabad High Court has quashed the detention order against Dr. Kafeel khan passed by District Magistrate, Aligarh under the National Security Act (NSA) and passed the order for his release.

Kafeel Khan has been in custody since January 29 for making allegedly inflammatory remarks during a protest against the Citizenship Amendment Act at the Aligarh Muslim University in December.

The Allahabad court stated that the speech of Dr. Kafeel Khan at the Aligarh Muslim University during the anti-Citizenship Amendment Act protests did not promote hatred or violence, but was an appeal to national integrity.

“A complete reading of the speech prima facie does not disclose any effort to promote hatred or violence. It -32- also no where 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,” observed the Allahabad High Court.

The Division Bench of Allahabad High Court comprising of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh has revoked the charges against Dr. Khan under National Security Act and Overruled the detention order passed by District Magistrate, Aligarh. The Court has also declared that the extension of period of detention of Dr. Kafeel Khan is illegal.  

“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,” held the Court.

Case details:

Case: - HABEAS CORPUS WRIT PETITION No. - 264 of 2020

Petitioner: - Nuzhat Perween

Respondent: - State of U.P. and Another

Counsel for Petitioner: - In Person,Dileep Kumar(Senior Adv.), Manish Singh, Manoj Kumar, N.I.Jafri (Senior Adv.)

Counsel for Respondent: - G.A.,GA, Manish Goyal (Senior Adv.), Patanjali Mishra (Aga), Sushil Kumar Mishra

Quorum: Chief Justice Govind Mathur and Justice Saumitra Dayal Singh

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