Allahabad High Court on Thursday quashed the entire criminal proceedings arising out of an FIR & pending against Dr. Kafeel Khan over his speech given about CAA and NRC at a protest meeting at Aligarh Muslim University in December 2019. in Uttar Pradesh, Live Law reported.
A case of provocative speech was made against Dr. Khan and subsequently, the National Security Act was also invoked by the UP government against him initially.
Last year the Allahabad High Court had quashed the detention of Dr.Khan under NSA stating that the speech was given by him at AMU actually called for national integration.
In December 2019 during the Anti-CAA protest Dr. Khan had given a speech at AMU following which a First Information Report was registered against Dr. Khan and was later on arrested.
The FIR under Section 153A of the Indian Penal Code (promoting enmity between different groups on grounds of religion) against him stated that his speech had “disrupted the harmony between the communities”, and that it was “also likely to create a law and order situation”. However, later on even Sections 153B (imputations, assertions prejudicial to national integration) and 505(2) (statements creating or promoting enmity, hatred or ill will between classes) were also added to the FIR, Live Law reported.
The latest plea from his primarily argued prior permission as required by the law was not taken before filing the charge sheet against him in the case and requested that on the ground the case must be quashed.
“…Before taking cognizance of the offense under IPC, prior prosecution sanction has not been taken by the Central Government or the State Government or the District Magistrate and the learned Magistrate did not properly comply with the relevant provisions while passing the order of cognizance,” the Court said quashing the criminal proceedings against him.