UP loses Supreme Court case on severe charges against Dr. Kafeel Khan

The UP government argued that Dr. Kafeel Khan has committed criminal offenses in the past.

New Delhi:

The Uttar Pradesh government lost its case in the Supreme Court today when it brought charges against a doctor, Kafeel Khan, under the National Security Act (NSA) for speaking against the amended citizenship law.

“Criminal cases are decided at their own discretion. In another case, you cannot use a preventive detention order,” said the chief judge of the Indian SA, Bobde, and upheld an order from the Allahabad Supreme Court that had released the doctor.

“It appears to be a good order from the High Court. We see no reason to interfere with the order. However, the observations will not affect criminal prosecution,” said Justice Bobde.

Yogi Adityananth’s government challenged the September 1 ruling by the Allahabad High Court, which lifted Kafeel Khan’s detention under the NSA and declared it “illegal”.

The Gorakhpur-based doctor was arrested in January from Mumbai for an alleged “inflammatory” speech he gave at Aligarh Muslim University last year during a protest against the Citizenship Amendment Act of 2019. The doctor was charged under the National Security Act for “disturbing public order in the city and creating an atmosphere of fear and insecurity among the citizens of Aligarh”.

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The High Court had dismissed the warrant, stating that the doctor’s speech showed no effort to encourage hatred or violence.

While Dr. Khan was first charged with allegedly promoting hostility between different groups on religious grounds, charges under the NSA were later brought after he was released on bail on February 10.

The UP government argued that Dr. Khan has committed crimes in the past that resulted in disciplinary action, suspension of service, registration of police cases and the national security law.

The NSA authorizes the government to detain persons without charge in court for up to a year if they suspect they may disturb public order, threaten the security of India or its international relations.

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