New Delhi: In a major embarrassment for the Adityanath government, the Supreme Court Thursday dismissed Uttar Pradesh plea challenging the Allahabad High Court order that quashed the National Security Act (NSA) against Dr. Kafeel Khan.
"Criminal cases will be decided on their own merits. You cannot use a preventive detention order in another case," Chief Justice of India SA Bobde said, confirming an Allahabad High Court order that had freed the doctor.
A three-judge bench headed by Chief Justice of India (CJI) Sharad Arvind Bobde, however, clarified that the observations made by the Allahabad high court in its September 1 decision will not impact the outcome of the criminal cases against Khan.
"It seems to be a good order by the High Court. We see no reason to interfere with the order. But the observations will not affect the prosecution on criminal cases," Justice Bobde said.
The Yogi Adityanath government in Uttar Pradesh has filed a petition in the Supreme Court challenging the Allahabad HC order that quashed NSA against suspended Gorakhpur doctor, Dr. Kafeel Khan, for an alleged speech against the Citizenship (Amendment) Act.
The detention of Kafeel Khan, the doctor from Uttar Pradesh, was 'illegal', the high court had said in its order on September 1, adding the doctor's speech did not show any effort to promote hate or violence.
In its petition, the Uttar Pradesh government has alleged Dr. Khan had "a history of committing offences", which led to disciplinary action, suspension from service, registration of police cases and being charged under the National Security Act (NSA).
The Gorakhpur doctor was arrested on January 29. While he was first charged for allegedly promoting enmity between different groups on grounds of religion, charges under the NSA were invoked later after he was given bail on February 10 this year.
After Dr. Kafeel Khan was released from a jail in Mathura, he had said he would ask Uttar Pradesh Chief Minister Yogi Adityanath to give him back his job in the state medical services.
He was suspended from Gorakhpur's BRD Medical College after several children died there in 2017, apparently due to the lack of oxygen cylinders at the government hospital.
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