SC dismisses UP govt's appeal against quashing of Dr Kafeel Khan's detention

A bench headed by Chief Justice SA Bobde refused to interfere with the Allahabad High Court order quashing Dr. Kafeel Khan's detention under the National Security Act, however, it clarified that the High Court order on preventive detention will impact criminal cases.

New Delhi:The Supreme Court on Thursday dismissed the Uttar Pradesh government's appeal against the Allahabad High Court order quashing Dr Kafeel Khan's detention under the National Security Act (NSA).

A bench headed by Chief Justice SA Bobde refused to interfere with the Allahabad High Court order, however, it clarified that the High Court order on preventive detention will impact criminal cases and that they will be decided on their own merits.

"We see no reason to interfere with the High Court order. The observations in a preventive detention judgment cannot affect the prosecution on criminal cases," the bench said.

The Uttar Pradesh government had challenged a September 1 order of the Allahabad High Court quashing Dr Kafeel Khan's detention under the NSA.

Khan was lodged in Mathura jail for an allegedly provocative speech at the Aligarh Muslim University on December 13, 2019, in the backdrop of protests against the Citizenship Amendment Act (CAA). He was arrested from Mumbai in January 2020.

Gorakhpur-based lecturer, Dr Kafeel Khan was subsequently slapped with charges under the stringent National Security Act, 1980 for "disturbing public order in the city and creating an atmosphere of fear and insecurity within the citizens of Aligarh".

Her mother, Nuzhat Perween, had filed a habeas corpus petition before the Allahabad High Court, which was allowed with directions to immediately release Khan.

The High Court had also concluded that there were no grounds to either detain Khan, let alone to extend such detention twice, as a complete reading of his speech indicated that he 'deprecated any kind of violence'.

The High Court had revoked the NSA charges against Dr Khan and set aside the February 13, 2020, order passed by District Magistrate, Aligarh under the NSA Act and confirmed by the State of Uttar Pradesh.

ANI Report