Dr Kafeel Khan gets relief; SC upholds HC order quashing his detention under NSA, dismisses UP govt appeal

A Supreme Court Bench headed by Chief Justice Bobde on Thursday refused to interfere with Allahabad High Court Order which quashed the detention of Dr. Kafeel Khan under the National Security Act (NSA).

"It seems to be a good order by High Court…We see no reason to interfere with the High Court order," CJI SA Bobde remarked. He, however, clarified that the observations in the High Court order shall not affect the prosecution on criminal cases, Live Law has reported.

The CJI denied Senior Advocate Indira Jaising's request to expunge the above observation that the judgment will not impact criminal prosecution. He said, "The criminal cases will be decided on their own merits. The observations in a preventive detention judgment cannot impact criminal prosecution."

The UP Government had moved the top court, stating that in its order, the Allahabad High Court had "substituted its subjective satisfaction" in place of the authorities’ view. It filed a special leave petition in the Supreme Court against the September 1 judgment of the Allahabad High Court which quashed the detention of Dr. Kafeel Khan under the National Security Act (NSA).

The petition State of UP and others v Nuzhat Parween (mother of Dr Khan), filed on October 26, is likely to be listed before the Supreme Court on December 17, as per information available from the official website.

A Gorakhpur-based paediatric lecturer, Dr. Kafeel Khan was arrested from Mumbai in January 2020, over a speech given on December 13 at the Aligarh Muslim University against the Citizenship Amendment Act 2019. He was subsequently slapped with charge under 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".

A habeas corpus petition moved by Khan's mother, Nuzhat Perween, was first listed before the Allahabad High Court on June 1, 2020 after the Supreme Court refused to intervene in the matter, stating that High Court is a more "appropriate forum". On September 1, 2020, the High Court allowed the habeas petition with directions to effect immediate release of Dr Khan.

On a perusal of the record maintained under NSA, the Allahabad High Court 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 Court noted that the speech actually gave a "call for national integrity and unity". The judgment completely reproduced the speech given by Khan, which was termed "provocative" by the District Magistrate.

Following the High Court order, Dr. Khan was released from Mathura jail on September 2, amid much fanfare.

Dr Khan took to Twitter to express his relief over the SC’s decision:

Welcoming the Supreme Court order, the UP Congress minority cell chief Shahnawaz Alam called it the ‘supreme insult’ of the UP Chief Minister Yogi Adityanath in a satement. He raised serious questions on the chief minister’s way of functioning and asked why, after a stern comment by the Allahabad High Court, the then Aligarh DM was not dismissed.

The Uttar Pradesh chief minister now should apologise to Dr Kafeel Khan, Shahnawaz Alam said in the statement.