Supreme Court asks Allahabad High Court to decide in 15 days on plea for Dr. Kafeel Khan's release

The Supreme Court on Tuesday asked the Allahabad High Court to decide within fifteen days on a plea seeking the release of Dr. Kafeel Khan who was arrested in relation to anti-CAA protests. (Nuzhat Perween vs State of Uttar Pradesh).The Bench of Chief Justice of India SA Bobde with Justices AS Bopanna and V Ramasubramanian on Tuesday asked the Allahabad High Court to dispose of the petition within fifteen days from the date of the appearance of parties before it..The Court, while passing this order observed that the matters concerning personal liberty have always been prioritised by the Apex Court. In light of the fact this matter too involved Khan's personal liberty, the same must be disposed of expeditiously, the Court said..The Court recorded in its order:."We request the High Court to dispose of the matter peremptorily as early as possible, having regard to the fact that it involves the liberty of the applicant, within a period of fifteen days from the date the parties appear before it.".Kafeel Khan was arrested citing allegedly incendiary speeches he made in December last year as part of anti-CAA protests. In relation to this, Khan has been under custody since January this year. .He was granted bail in February 2020 by the Allahabad High Court. However, prior to being released, the provisions of the National Security Act (NSA) were invoked by the authorities resulting in the continuation of his detention..Senior Counsel Indira Jaising argued before the Supreme Court today that while the bail order in favour of Khan was a well-reasoned one, he still remains to be released. .After Khan's incarceration was extended on account of the NSA charges, his mother had moved the Supreme Court with a Habeas Corpus petition. In March this year, the Apex Court had asked the Allahabad High Court to look into the issue and for the records to be placed before the High Court..With almost no progress in the case between March and now before the High Court, an application was filed before the Supreme Court highlighting the prolonged preventive detention that Khan has been placed under. .This led the Supreme Court today to lay down a timeframe for the High Court to decide on the Habeas Corpus plea. .The petitioner was represented by Senior Advocate Indira Jaising and Advocates Fuzail Ayubbi, Parasnath Singh, and Ibad Mushtaq..Read Order:

Supreme Court asks Allahabad High Court to decide in 15 days on plea for Dr. Kafeel Khan's release

Shruti Mahajan

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