NEWS: SC asks Allahabad HC to Decide on Plea for Dr. Kafeel Khan’s Release in 15 Days

By Legal Wires 7 Minutes Read

Dr. Kafeel Khan, a lecturer at one time is now in Jail despite granting of bail from Allahabad High Court.  The timeline of his activities has been under the news for many days and now that it’s time for him to get out of jail, as the Court granted him Bail. Hon’ble Supreme Court has now asked Allahabad High Court to decide for his release, given a time limit of 15 Days.

Arrest of Dr. Kafeel khan, has raised questions as to what was his fault? Whether he was made a scapegoat? What if a person delivers his right of freedom of Speech, should he be held and upto what extent?

Dr. Kafeel khan has been in news from the time, from the year 2018 where 63 infants lost their lives because of shortage of oxygen cylinders. These infants were suffering from encephalitis and that there was need of more oxygen cylinders. Dr. Kafeel khan however arranged these cylinders from his own money and having done all of this necessary he could only save some infants.

During Anti CAA Protest, Kafeel khan made speech on Citizenship Amendment Act. He made some inflammatory remarks on the country’s system and some personal remarks too. In his Speech he said “Mota Bhai is teaching everyone to become Hindu or Muslim but Not India, he doesn’t believe in Constitution.” According to statements made by Dr. Kafeel Khan, The Citizenship Amendment Bill would make Muslims a second category citizen & subsequently they will be harassed with implementation of NRC.

A Fir was lodged against him after this speech on basis that he was making attempts to “disturb Communal Harmony”, and that he was promoting “Communal Harmony” promoting enmity between Hindu and Muslims.

He was arrested after a month on 30th January 2020, where he stayed in jail for 10days and on 10th February, 2020, he was granted bail by Aligarh chief Judicial Magistrate, he was not released even after 3 more days. Government came up with another reason to keep him in jail and He was charged under NSA.

Under NSA, a detention order was passed against him saying that it was necessary to keep him in jail to prevent him from engaging in activities that are “Prejudicial to the Maintenance of Public Order”.

Basically, he was kept in jail because if he is released, the public order would get disrupted. Further As per NSA, the initial period of preventive detention is 3months, but can be extended to 12months by renewal.

On 19th March, Kafeel khan wrote a letter to Prime Minister Narendra Modi, requesting that he be released so he could lend his energies to fight against the Covid 19- Pandemic, since he is a doctor and that country is in utmost need of doctors at this stage.

In May, three months limit under NSA was about to get over, but it was again extended to another 3months by U.P Government.

The Conditions of his Jail was described in his letter which dated 6th July 2020, that jail where he was kept in at Mathura was in such a terrible & deplorable condition, that it was almost a living Hell and also that he feared of dying of Suffocation from the smell of Urine. In July 2020, Allahabad High Court deferred the date of Hearing to 5th August 2020.

Doctor’s mother approached Supreme Court and asked for a time bound hearing from HC, She in fact approached the court in month of March but SC told her to approach HC first. There was no response from the HC.

On 13th August 2020, Supreme court has asked Allahabad High Court to decide on Dr. Khan’s release, The Bench of CJI SA Bobde with Justices AS Bopanna & V Ramasubramanian  asked Allahabad Court to decide on Dr. Khan’s release giving time limit of 15 days,  also the Court The Bench Consisted of days The Court, while passing this order observed that the matters concerning personal liberty have always been prioritized by the Apex Court. In light of the fact this matter too involved Khan’s personal liberty, the same must be disposed of expeditiously, the Court said.

The Court recorded in its order:

“We request the High Court to dispose of the matter peremptorily as early as possible, having regard to the fact that it involves the liberty of the applicant, within a period of fifteen days from the date the parties appear before it.”

Legal Wires

Team @LegalWires