Prayagraj: The Allahabad High Court Tuesday set free Dr. Kafeel Khan who was detained under the National Security Act (NSA).
Terming the detention order bad, a division bench of the Chief Justice Govind Mathur and Saumitra Dayal Singh also said there was nothing in Dr Kafeel's speech that promoted violence.
"A complete reading of Dr. Kafeel Khan's speech delivered at Aligarh Muslim University (AMU) on which the detention was based prima facie did not disclose any effort to promote hatred or violence. Nowhere did it also threaten the peace and tranquility of the city of Aligarh", the court said.
“The address gives a call for national integrity and unity among citizens The speech also deprecates any kind of violence. It appears that the District Magistrate had a selective reading and selective mention for few phrases from the speech ignoring its true intent”, the court noted.
The High Court also quashed the subsequent order of extending his detention time-to-time. It ordered the State Government to release Dr. Khan from custody forthwith.
“We are having no hesitation in concluding that neither detention of Dr. Kafeel Khan under National Security Act, 1980 nor extension of the detention are sustainable in the eye of law", the court said.
Dr Kafeel Khan was arrested in January for delivering the speech at Aligarh Muslim University (AMU) on December 10, 2019.
Kafeel Khan was earlier granted bail by the CJM, Aligarh. However, he was not allowed to walk free as the NSA was slapped on him by the Aligarh District Magistrate even before his release.
The Uttar Pradesh government had extended, by three more months, the detention of Dr Kafeel Khan under the National Security Act (NSA) on August 16.
The latest petition seeking the release of Kafeel Khan was filed by his mother Nuzhat Parveen.
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