SC Upholds Allahabad HC Order Quashing Kafeel Khan’s Detention

Dr Kafeel Khan.

(Photo: Altered by The Quint)

The Supreme Court on Thursday, 17 December upheld Allahabad High Court order to set aside detention of Dr Kafeel Khan under National Security Act (NSA).

A bench comprising Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian mentioned that there was no need to interfere in Allahabad High Court order which had quashed Dr Kafeel Khan’s detention.

“We see no reason to interfere,” the court said while dismissing the plea filed by Uttar Pradesh government, reported Bar and Bench.

The apex court also stated that the cases against Khan will be decided on its own merits.

Allahabad High Court had in September quashed the detention order and allowed the writ petition filed on behalf of Dr. Khan by his mother, Nuzhat Parween.

“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 Allahbad High Court had held, reported Bar and Bench.

Soon after the Supreme Court’s decision, Dr. Kafeel Khan took to Twitter.

“I had full faith in the court and got justice. Thank you very much,” Khan tweeted in Hindi.

Khan was detained under NSA and lodged in Mathura jail for an allegedly provocative speech at the Aligarh Muslim University. He was arrested on the night of 30 January with assistance from the Mumbai Police at the airport when he arrived in the city to attend anti-CAA protests.

Khan was lodged in jail for seven months, and was released in September.

According to the UP authorities, in his speech, Dr Khan made statements to incite communal hatred – which were prejudicial to national integration – and tried to inflame tensions and disturb public order.

(With inputs from Bar and Bench)