The Allahabad High Court has quashed criminal proceedings against Dr.
The Allahabad High Court has quashed criminal proceedings against Dr. Kafeel Khan in connection with his speech delivered at Aligarh Muslim University during the protests against the Citizenship Amendment Act.
A Single Judge Bench of Justice Gautam Chaudhary observed that prior sanction from the government was not obtained by the concerned authorities before giving cognizance order of the Chief Judicial Magistrate, Aligarh.
The court held “Before taking cognizance of the offence under Indian Penal Code, prior prosecution sanction has not been taken by Central Government or the State Government or the District Magistrate and the learned Magistrate did not properly comply with the relevant provisions while passing the order of cognizance,“
In the case, soon after his speech, an FIR was registered with offences under Sections 153A (promoting enmity between religions), 153B (imputations prejudicial to national integration) and 505 (statements conducing to public mischief) of IPC.
Thereafter, a charge sheet was filed against him in the court of Chief Judicial Magistrate, Aligarh, in March 2020.
The court took cognizance of the charge sheet and had summoned him to trial. To which, Dr. Khan had moved High Court with his Section 482 CrPC plea seeking quashing of the criminal proceedings and the cognizance order.
The High Court observed that speech by Khan did not call for the promotion of hatred or violence; instead, it deprecated violence and called for national integrity and unity.
Thus the application filed by Dr. Khan under Section 482 of the CrPC was, therefore, allowed and the case against him was set aside.
