Prayagraj:A division bench of the Allahabad High Court on Tuesday ordered immediate release of Dr Kafeel Khan, detained under National Security Act (NSA) for his anti CAA/NRC speech in Aligarh University last year.
A bench comprising chief Justice Govind Mathur and Justice Saumitra Dayal Singh, gave this order here on a writ petition filed by Kafeel's mother for release of her son.
The Court said that the order of detention dated February 13, 2020 pass by district magistrate Aligarh and confirmed by the state of Uttar Pradesh was set aside.
The judges further said that the extension of the period of detention of Kafeel Khan is also declared illegal. A writ in the nature of Habeas Corpus was hereby issued to release him from state custody.
Dr Khan, a native of Gorakhpur, was lodged at Mathura jail since February this year for an alleged provocative speech made at Aligarh Muslim University on December 12, 2019, against the Citizenship (Amendment) Act and National Register of Citizens.
In August last, the state government had extended the NSA for another three months, when it was opposed by the family and the matter came in the Court.
UP government had said while extending the NSA for another three months, that the decision was being taken on the basis of reports submitted by the NSA advisory board and the District Magistrate of Aligarh. There were ''sufficient grounds'' for his continued detention, the order said.
Initially booked under Section 153A of the IPC, the Gorakhpur-based doctor was arrested from Mumbai by STF on January 29 and brought to Aligarh. Later, Sections 153 B and 505 (2) were added to the FIR. He was granted bail on February 10 by an Aligarh court but on February 13, the UP government slapped the NSA on him.
Dr Kafeel was also arrested in 2017 during the oxygen supply controversy at the BRD Medical College hospital in Gorakhpur where around 60 children had died. But later after the intervention of the court, he was released.(UNI)