UP government moves SC to challenge Allahabad court order quashing Dr. Kafeel Khan NSA detention

The Allahabad High Court observed that a complete reading of the speech given by Dr. Kafeel at AMU on which the detention was based prima facie did not disclose any effort to promote hatred or violence.

The Uttar Pradesh government in another vindicative move has approached the Supreme Court challenging the order of the Allahabad High Court quashing Dr. Kafeel Khan’s detention under the National Security Act (NSA).

UP government in a joint plea with Central Government has cited his suspension from service, FIRs against him, and invocation of NSA as reasons for continuing his detention. Of the list of offenses against him, most have been slapped by the UP government as a cover-up of the BRD medical college tragedy. Even though Dr. Kafeel Khan was absolved of all the charges against him the witch hunt of Dr. Kafeel Khan continues.

The plea alleges that Dr, Kafeel Khan gave a provocative speech at Aligarh Muslim University ignoring section 144 orders. If anyone has listened to the speech of Dr. Kafeel Khan it is anything but provocative. This has also been cited by the Allahabad court judgement when he was freed of all the charges in September.

Khan was arrested on January 29,2020, for delivering the speech at Aligarh Muslim University on December 10, 2019.

The Allahabad High Court on September 1 quashed the NSA detention of Dr. Kafeel Khan and termed his detention order bad in law.

The Allahabad Court deemed the detention of Dr. Kafeel Khan under National Security Act (NSA) for a speech against the Citizenship (Amendment) Act or CAA, as “illegal” and ordered his immediate release.

The UP govt plea alleges that the speech provoked Muslim students of AMU to march to Aligarh city.

The Up govt. petition smack of revenge as it keeps on insisting that Kafeel Khan portrayed himself as a victim who had suffered at the hands of the State and authorities. This is again observed by Allahabad High court that since 2017, Dr. Kafeel Khan and his family has suffered immense harassment and illegal arrests based on false charges. He was suspended from his job, his brother was shot at, he had to spent months in jail on false charges with no trial.

The High Court observed that a complete reading of the speech given by Dr. Kafeel at AMU on which the detention was based prima facie did not disclose any effort to promote hatred or violence.

The HC said it was only after passing of the bail order by the CJM, Aligarh, the police officials, and the District Magistrate, Aligarh initiated the process for detaining Dr. Kafeel Khan under the NSA.

“From December 12, 2019 to January 29, 2020, Dr. Kafeel was roaming free and he had ample time to make all the efforts to damage public order in the city of Aligarh, if he was intending to do so”, the Court observed.

Speaking to The Leaflet, Dr. Kafeel said he was surprised that the government went to the extent of appealing against his release in the Supreme Court. He added that the very basis of imposing NSA on him was the LIU report which indicated he would go to Aligarh again if released.

“Ever since I have come out of prison on September 1, I have not even gone into the territory of Uttar Pradesh let alone going to Aligarh. I have been writing letters to the Government to revoke my suspension so that I could start my practice and work as a Corona warrior”, Dr. Kafeel told The Leaflet.

Last month, the Indian Medical Association (IMA) wrote a letter to the Uttar Pradesh government regarding the suspension of Dr. Kafeel Khan. It asked the government to consider Dr. Kafeel’s plight with compassion and merit, and also to consider the matter regarding his suspension.

Earlier this month, the Academy of Pediatrics (IAP), the largest body of pediatricians in India, also released a statement supporting Dr. Kafeel and seeking revocation of his suspension.

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