SC rejects Yogi govt's plea, upholds HC order ending Dr Kafeel Khan's detention
In a major setback for the Uttar Pradesh government, the Supreme Court has upheld the Allahabad High Court order quashing detention of Dr Kafeel Khan under National Security Act.
FollowIn a major setback for the Uttar Pradesh government, the Supreme Court has upheld the Allahabad High Court order quashing detention of Dr Kafeel Khan under National Security Act.
Dismissing the Yogi Adityanath government's appeal, a three-judge bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian said that there was no reason to interfere with the high court's September 1 order.
Dr Khan was detained under NSA for an allegedly provocative speech at the Aligarh Muslim University in the backdrop of protests against the Citizenship Amendment Act.
The Allahabad High Court had ruled that the speech "prima facie does not disclose any effort to promote hatred or violence. It also nowhere 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."
Ordering Dr Khan's release, the High Court judgment said: "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."
