BOOM

Trending Searches

    Boom VIP
    BOOM

    Trending News

      • Fact Check 
        • Fast Check
      • Law
      • Explainers
      • News
      • Decode
      • BOOM Reports
      • Media Buddhi 
        • Digital Buddhi
        • Senior Citizens
        • Videos
      • Web Stories
      • Boom Money
      • Workshops
      • Videos
      • Home-icon
        Home
      • About Us-icon
        About Us
      • Authors-icon
        Authors
      • Team-icon
        Team
      • Careers-icon
        Careers
      • Internship-icon
        Internship
      • Contact Us-icon
        Contact Us
      • Methodology-icon
        Methodology
      • Correction Policy-icon
        Correction Policy
      • Non-Partnership Policy-icon
        Non-Partnership Policy
      • Cookie Policy-icon
        Cookie Policy
      • Grievance Redressal-icon
        Grievance Redressal
      • Republishing Guidelines-icon
        Republishing Guidelines
      • Fact Check-icon
        Fact Check
      • Law-icon
        Law
      • Explainers-icon
        Explainers
      • News-icon
        News
      • Decode-icon
        Decode
      • BOOM Reports-icon
        BOOM Reports
      • Media Buddhi-icon
        Media Buddhi
      • Web Stories-icon
        Web Stories
      • Boom Money-icon
        Boom Money
      • Workshops-icon
        Workshops
      • Videos-icon
        Videos
      • Home
      • Law
      • Allahabad HC Revokes NSA Against...
      Law

      Allahabad HC Revokes NSA Against Kafeel Khan; Directs Release From Jail

      The Allahabad HC revoked the stringent charges under NSA against Dr. Kafeel and directed his immediate release from jail.

      By - Ritika Jain | 1 Sep 2020 2:07 PM GMT
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
    • Allahabad HC Revokes NSA Against Kafeel Khan; Directs Release From Jail

      The Allahabad High Court on September 1 revoked the charges of the National Security Act (NSA), 1980 issued against Dr Kafeel Khan on February 13, 2020, and ruled his detention illegal.

      In its 42-paged order, the division bench of the high court ruled Khan's December 12 speech criticizing the Citizenship Amendment Act (CAA), 2019 "does not disclose any effort to promote hatred or violence" and "nowhere threatens peace and tranquility of the city of Aligarh."

      The bench, comprising of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh, said Khan's address "deprecates any kind of violence" and gave a call for "national integrity and unity among the citizens". Pulling up the District Magistrate (DM), the high court said the stringent charges against Khan were based on "selective reading and selective mention for few phrases from the speech ignoring its true intent".

      The high court's order comes 214 days after Khan was incarcerated. The Uttar Pradesh Police arrested the 46-year-old paediatrician on January 29 from Mumbai on the grounds that his speech at the Aligarh Muslim University (AMU) incited the students to cause violence days later.

      On December 12, Khan addressed a crowd of more than 600 AMU students and criticized the CAA. He said: "Mota Bhai (Union Home Minister Amit Shah) teaches us that we will become Hindu or Muslim but not human by CAA, we will be made second class citizens after that by implementation of NRC (National Register of Citizens) they will trouble you by saying your father's documents are not correct you will be made to run around. This is a fight for existence and will will have to fight".

      On February 10, a district court in Aligarh granted bail, but three days later, Khan was detained again under the more stringent provisions of the NSA. On March 18, the Supreme Court had directed the high court to look into the habeas corpus plea filed Nuzhat Perween, Khan's mother, challenging his continued detention under the stringent provisions of the NSA.

      In the past six months, the hearing on this issue was deferred 14 times. In August, the Supreme Court had directed the high court to expedite the plea challenging Khan's detention within 15 days.

      Personal Liberty mother of fundamental rights

      "Preventive detention is an exceptional mode to curtail liberty and freedom of a person in exceptionally rare circumstances. This precious fundamental right must always be protected," the court said. While agreeing that rights under Article 21 were not absolute, the court observed that no one could be "deprived of his or her personal liberty except on such grounds and in accordance with such procedure as are established by law."

      The division bench further clarified that though it could not "interfere" with the orders of a detaining authority; it could "look into the material on which detention is based." Failure to do so would be "nothing but a licence to allow the executives to act at their whims or caprice".

      Speaker's speech taken out of context: HC

      The High court observed that Khan's speech was taken out of context by the DM. The court noted there was a 45-day delay in arresting Khan, and nothing in the DM's order showed "any effort made by" Khan "to cause even a simple scar to the peace or tranquility or the public order of the city of Aligarh" during the intervening period. Even the police, which has filed its charge sheets against those who incited the AMU violence did not indict Khan, the court noted.

      Concluding its observation, the court said that the state could not provide any link between Khan's speech and the ensuing violence at AMU days later.

      Tags

      Kafeel Khan Released Kafeel Khan Doctor Kafeel Khan Allahabad High Court National Security Act Citizenship Amendment Act NRC CAA Protests anti CAA Aligarh Muslim University 
      Read Full Article

      Do you always want to share the authentic news with your friends?

      Subscribed Successfully...
      Enter Valid Email Id
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
      Next Story
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • link
      Our website is made possible by displaying online advertisements to our visitors.
      Please consider supporting us by disabling your ad blocker. Please reload after ad blocker is disabled.
      X
      X
      We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok
      Or, Subscribe to receive latest news via email
      Subscribed Successfully...
      Copy HTMLHTML is copied!
      There's no data to copy!