Dr. Kafeel Khan’s habeas corpus plea: Allahabad HC adjourns hearing to August 27

The Allahabad High Court has adjourned the hearing of the habeas corpus plea filed against alleged illegal detention of Dr. Kafeel Khan, till August 27, 2020, legal news website LiveLaw.in has reported.

The Division bench comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh deferred the hearing while stating that they "deem it appropriate to peruse original record of the proceedings under National Security Act, 1980 resulting into detention of Dr. Kafeel Khan and further extension of the same."

On the previous date of listing, the High Court had decided to finally dispose off the plea today; however, subsequent to the request made by Additional Advocate General Manish Goyal to file one more additional affidavit in response to the rejoinder filed by the Petitioner, the Court adjourned the matter.

The Petitioner's counsel, Senior Advocate Dileep Kumar had also sought time to go through the supplementary affidavit filed on behalf of the state government.

Khan is presently lodged in the Mathura jail under the National Security Act. He was arrested from Mumbai in January this year, for allegedly giving a provocative speech at the Aligarh Muslim University on December 13, 2019, amidst the anti-CAA protests.

Notably, Khan had been granted bail by the court of CJM, Aligarh on February 10. However, he has been languishing in jail under the NSA Act, which was slapped on him by the Aligarh District Magistrate on February 15.

The present habeas corpus plea was moved by Khan's mother, Nuzhat Perween. She had first approached the Supreme Court in March this year, seeking release of his son. However, a bench comprising CJI S A Bobde, Justices Surya Kant and BR Gavai disposed of the plea with an observation that Allahabad High Court is the appropriate forum for dealing with the matter.

Thereafter, the High Court took up the matter on June 1, 2020. However, after granting several adjournments at the request of the Petitioner's counsel, the Court posted it for final disposal vide order dated August 19, 2020.

Khan came in news first in August 2017, during the tragedy in Baba Raghav Das(BRD) Medical College Hospital, Gorakhpur, regarding the death of nearly 60 infants due to lack of oxygen supply.

He was initially reported to have acted as a saviour by promptly acting to arrange emergency oxygen supply by paying out of his pocket.

Despite being hailed as a hero for arranging cylinders as children gasped for breath, he was named in an FIR registered under Sections 409 (criminal breach of trust by public servant, or by banker, merchant or agent), 308 (attempt to commit culpable homicide) and 120-B (criminal conspiracy) of the Indian Penal Code. It was alleged that he was negligent in his duties, which resulted in a shortage of medical oxygen.

He was arrested in September 2017, and was released only in April 2018 when the High Court allowed his bail application after observing that there existed no material on record to establish charges of medical negligence against Dr. Khan individually.

He was also suspended from service alleging dereliction of duty. A report of the departmental enquiry absolved him of charges in September 2019.