Dr Kafeel Khan was arrested in January for delivering a speech on the Citizenship (Amendment) Act at Aligarh Muslim University on December 10, 2019. The NSA was invoked against Khan on February 13, 2020.
A huge relief for Dr Kafeel Khan, after the Allahabad High Court on Tuesday, ordered his immediate release and dropped the National Security Act, 1980 (NSA) charges against him.
The Allahabad High Court has directed the government to immediately release him. The HC observed that the charges against Dr Khan were unwarranted as there was no occasion in his allegedly provocative speech that instigated hatred against any community or promoted violence.
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 HC also declared the extension of his detention as illegal.
Khan was booked under IPC section 153A (promoting enmity between different groups on grounds of religion). On August 11, the Supreme Court had asked the Allahabad High Court to decide within fifteen days of the plea for the release of Dr Kafeel Khan.
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 by paying out of his pocket.
He was named in an FIR registered under Sections 409 (criminal breach of trust by a 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.
Khan was also suspended from service alleging dereliction of duty. A report of the departmental enquiry absolved him of charges in September 2019.