Allahabad HC Orders Dr Kafeel Khan’s Release, Sets Aside Detention Order Under NSA

The Allahabad high court on Tuesday directed the state government to release Dr Kafeel Khan who was booked under the National Security Act (NSA) in February for allegedly giving a provocative speech against the Citizenship (Amendment) Act (CAA).
The court set aside the detention order of February 13 passed by the district magistrate Aligarh, which was confirmed by the state government.
Incidentally, Dr Kafeel Khan’s release comes on the day of his wife Shabista Khan’s birthday. She said, “It’s the best birthday gift I have ever received”.

While allowing the writ petition filed on behalf of Dr Kafeel Khan and setting aside the order of detention, the Division Bench of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh declared:

“… we are having no hesitation in concluding that neither detention of Dr. Kafeel Khan under National Security Act, 1980 nor extension of the detention are sustainable in the eye of law.”

Also Read: 85 FIRS in Matters of Anti- CAA Protests and Delhi Riots to be Settled by SG Tushar Mehta And 5 Others As Special Prosecutors Vide Delhi Govt. Approval

While allowing the writ petition filed on behalf of Dr Khan and setting aside the order of detention, the Division Bench of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh declared:

“… we are having no hesitation in concluding that neither detention of Dr. Kafeel Khan under National Security Act, 1980 nor extension of the detention are sustainable in the eye of law.”

The High Court also took note that Dr Khan had not been given proper opportunity to given a representation against his detention. In this regard, it was found that neither was Dr Khan given a transcript of the speech on the basis of which he was detained nor was he given a device to play a CD of the speech.

“Such non-supply of material violates a precious fundamental right of a detenue enshrined under Article 22 of the Constitution. On this count also the detention of Dr. Kafeel Khan deserves to be set aside“,

the Court said.

The Bench found that Dr Kafeel Khan was not served the orders extending his detention either. The Court, therefore, proceeded to rule that both Dr Khan’s detention and the extension of this detention was unsustainable in law.