UP, Centre move top court against Kafeel’s release

Khan, a paediatrician whose brush with controversy began with the 2017 Gorakhpur hospital tragedy in which more than a hundred children died reportedly due to shortage of oxygen and he was suspended.
The plea further stated that Khan has a history of committing various offences, which had led to disciplinary action, his suspension from service, registration of FIRs against him and the invocation of the NSA.(PTI Photo)
The plea further stated that Khan has a history of committing various offences, which had led to disciplinary action, his suspension from service, registration of FIRs against him and the invocation of the NSA.(PTI Photo)
Updated on Dec 13, 2020 01:02 AM IST
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Hindustan Times, New Delhi | ByHT Correspondent

The Centre and the Uttar Pradesh government have appealed in the Supreme Court against quashing of Dr Kafeel Khan’s detention order under the National Security Act (NSA).

Khan, a paediatrician whose brush with controversy began with the 2017 Gorakhpur hospital tragedy in which more than a hundred children died reportedly due to shortage of oxygen and he was suspended, was booked under the NSA last year over an allegedly inflammatory speech against the Citizenship Amendment Act (CAA) at Aligarh Muslim University (AMU). After severely indicting the state government for booking Khan under the NSA, the Allahabad high court had in September quashed the detention order and allowed the habeas corpus petition filed by his mother, Nuzhat Parween. Khan was released after spending seven months in jail. Challenging this order by the high court, the central government and the Uttar Pradesh government have jointly filed an appeal, maintaining that Khan flouted prohibitory orders and delivered a provocative speech to AMU students with an attempt to disturb law and order in Aligarh by inciting Muslim students against other communities.

The petition added that Khan’s speech, on December 13, 2019, incited about 10,000 AMU students to march towards Aligarh city. “Had the violent students not been talked to stopped, this crowd would have disturbed the public order and the communal harmony of the district by entering Aligarh city,” it said.

The plea further stated that Khan has a history of committing various offences, which had led to disciplinary action, his suspension from service, registration of FIRs against him and the invocation of the NSA. The petition said it was not open to the high court to examine the detention order on merits since it was based on subjective satisfaction of the district magistrate, Aligarh, who had sufficient reasons to pass the detention order. The appeal is likely to be heard on December 17.

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Friday, December 03, 2021