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Updated December 17th, 2020 at 15:54 IST

SC rejects UP govt's appeal against Allahabad HC order quashing Kafeel Khan's detention

The Supreme Court on Thursday dismissed the UP government's Special Leave Petition challenging the Allahabad HC's order quashing the detention of Kafeel Khan.

Reported by: Akhil Oka
Kafeel Khan
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The Supreme Court on Thursday dismissed the UP government's Special Leave Petition challenging the Allahabad HC's order quashing the detention of Dr.Kafeel Khan. Noting that it seems to be a "good order", the bench headed by CJI SA Bobde said that it had no reason to interfere with it. At the same time, the top court mentioned that the observations in the HC order shall not affect the prosecution in criminal cases.

While senior advocate Indira Jaising urged the bench to avoid the aforesaid observation, the latter declined to do so. The CJI said, "The criminal cases will be decided on their own merits. The observations in a preventive detention judgment cannot impact criminal prosecution". 

Read: Allahabad HC Turns Down Bail Plea Of Amrapali Group's Director, Auditor

The Allahabad HC verdict

On September 1, a division bench of the Allahabad High Court comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh quashed Khan's detention under the National Security Act and ordered for his release from Mathura District Jail. In its judgment, the Allahabad HC observed that no one can be deprived of his/her personal liberty except in accordance with procedures established by law. Reproducing the full speech of Khan, the bench held that it not only gives a call for national unity but also does not show any effort to promote hatred or violence. The bench ruled that the preventive detention order cannot be sustained in the absence of any material indicating that Khan continued to act in a manner prejudicial to public order from the date of his speech to the invocation of NSA. 

Read: Allahabad HC Expresses Concern Over Opening Of School Amid Pandemic

Prolonged detention

Khan was one of the accused in a case involving the deaths of several children due to disruption in the supply of oxygen at a Gorakhpur hospital in August 2017. He was again arrested by the UP Special Task Force from Mumbai on January 29, 2020, for allegedly giving a provocative speech at the open talk in the Aligarh Muslim University on December 12, 2019. Section 153-A (Promoting enmity between different groups on ground of religion) was included in the FIR. 

After being taken to Aligarh, he was sent to the Mathura district jail. Despite being granted bail by the Chief Judicial Magistrate court in Aligarh, Dr. Kafeel Khan’s release from the jail was delayed. Subsequently, he continued to languish in prison as NSA charges were slapped against him. In August, his detention under the NSA was extended for a period of three months. 

Read: Allahabad HC Seeks UP Govt's Stand On Setting Up Spl Courts To Try Cases Of Human Trafficking

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Published December 17th, 2020 at 15:54 IST

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