Uttar Pradesh government moves Supreme Court against Allahabad High Court order releasing Dr. Kafeel Khan from NSA detention

The Uttar Pradesh Government has moved the Supreme Court challenging a September 1 order of the Allahabad High Court quashing Dr. Kafeel Khan’s detention under the National Security Act (NSA).

. The appeal which was filed on October 26 is likely to come up for hearing on December 17.

. A Division Bench of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh of the Allahabad High court had allowed the writ petition filed on behalf of Dr. Khan by his mother Nuzhat Perween and quashed Khan's detention.

. "... we are having no hesitation in concluding that neither detention of Dr. Kafeel Khan under National Security Act, 1980 nor extension of the detention are sustainable in the eye of law", the High Court had held. .Dr Kafeel Khan's speech calls for national integrity and unity, does not instigate violence or hatred: Allahabad HC [Read Judgment]. Dr. Khan was lodged in Mathura jail for an allegedly provocative speech at the Aligarh Muslim University in the backdrop of protests against the Citizenship Amendment Act.

Interestingly, the High Court had noted in its judgment that contrary to claims by the State that Khan's speech called for violence and hatred, it actually called for national integrity and unity.

. Perween had initially approached the Supreme Court which asked her to move the High Court. Since the listing of case before High Court got delayed, the Supreme Court on August 11 asked the High Court to decide the plea within 15 days.

. While passing its order, the Supreme Court had also observed that the matters concerning personal liberty have always been prioritised by the apex court. In light of the fact that this matter involved Khan's personal liberty, the same must be disposed of expeditiously, the top court had ordered.

. Subsequently, the Allahabad High Court promptly took up the case and ordered Khan's release.

. The High Court found that prima facie, Dr. Khan's speech " does not disclose any effort to promote hatred or violence. It 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."

. "The writ petition for the reasons given above is allowed. 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, " the High Court ordered. .[Breaking] "Not sustainable in law": Allahabad High Court sets aside NSA detention order against Dr Kafeel Khan, directs his release. The High Court had also taken note that Dr. Khan had not been given proper opportunity to give a representation against his detention. In this regard, it was found that neither was he given a transcript of the speech on the basis of which he was detained nor was he given a device to play a CD of the speech.

. " Such non-supply of material violates a precious fundamental right of a detenue enshrined under Article 22 of the Constitution. On this count also the detention of Dr. Kafeel Khan deserves to be set aside ", the Court had said.

. Moreover, the Bench found that Dr. Khan was not served the orders extending his detention either. The Court, therefore, proceeded to rule that both Dr. Khan's detention and the extension of this detention was unsustainable in law.

Uttar Pradesh government moves Supreme Court against Allahabad High Court order releasing Dr. Kafeel Khan from NSA detention

Debayan Roy

Related Stories