Habeas corpus plea for Dr. Kafeel Khan’s release: Allahabad HC asks state to ‘positively file’ reply by Aug 19

The Allahabad High Court has asked the Uttar Pradesh Government to "positively file" its reply in the habeas corpus plea filed against alleged illegal detention of Dr. Kafeel Khan, by the next date of hearing, legal news website LiveLaw.in has reported.

A bench of Justices Manoj Misra and Deepak Verma allowed the state counsel's request seeking ten days time to file a reply to the petition. The Court has directed that the state's reply be placed on record by August 19, 2020. In the meantime, Union of India has also been asked to file its counter affidavit, if required.

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.

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.