{"id":91176,"date":"2020-09-01T16:29:48","date_gmt":"2020-09-01T10:59:48","guid":{"rendered":"https:\/\/apnlive.com\/?p=91176"},"modified":"2020-09-01T16:29:49","modified_gmt":"2020-09-01T10:59:49","slug":"decks-cleared-for-dr-kafeel-khan-release-as-allahabad-hc-drops-nsa-charges","status":"publish","type":"post","link":"https:\/\/apnlive.com\/india-news\/decks-cleared-for-dr-kafeel-khan-release-as-allahabad-hc-drops-nsa-charges\/","title":{"rendered":"Decks cleared for Dr Kafeel Khan release as Allahabad HC drops NSA charges"},"content":{"rendered":"\n<p>New Delhi: The<strong> Allahabad High Court<\/strong> on Tuesday dropped charges under the <strong>National Security Act (NSA)<\/strong> against <strong>Dr Kafeel Khan. Khan<\/strong> has been incarcerated in Mathura jail for the last six months.\u00a0<\/p>\n\n\n\n<figure class=\"wp-block-image size-large\"><img loading=\"lazy\" decoding=\"async\" width=\"715\" height=\"402\" src=\"https:\/\/d2r2ijn7njrktv.cloudfront.net\/apnlive\/uploads\/2020\/09\/01162938\/kafeel-khan-1.jpg\" alt=\"\" class=\"wp-image-91180\" srcset=\"https:\/\/d2r2ijn7njrktv.cloudfront.net\/apnlive\/uploads\/2020\/09\/01162938\/kafeel-khan-1.jpg 715w, https:\/\/d2r2ijn7njrktv.cloudfront.net\/apnlive\/uploads\/2020\/09\/01162938\/kafeel-khan-1-300x169.jpg 300w, https:\/\/d2r2ijn7njrktv.cloudfront.net\/apnlive\/uploads\/2020\/09\/01162938\/kafeel-khan-1-696x391.jpg 696w\" sizes=\"(max-width: 715px) 100vw, 715px\" \/><\/figure>\n\n\n\n<p><strong>The Division Bench comprising Chief Justice Govind Mathur<\/strong> and <strong>Allahabad High Court<\/strong> held that prima facie the speech is not such that a reasonable man could have arrived at a conclusion as the inference drawn by the <strong>District Magistrate, Aligarh<\/strong>, who passed the detention order against Dr Khan in February this year.<\/p>\n\n\n\n<p>The petitioner\u2019s counsel submitted that Khan was earlier granted bail by a court and he was due to be released. However, charges under the NSA were imposed against him.\u00a0 Hence, his detention was illegal. Under the NSA, a person can be detained without a charge for up to 12 months if authorities are satisfied that they are a threat to national security or law and order.<gwmw style=\"display:none;\"><\/p>\n\n\n\n<p>Khan\u2019s counsel said he was arrested from Mumbai in January this year, for allegedly giving a provocative speech at the <strong>Aligarh Muslim University<\/strong> on December 13, 2019, amidst the protests against the Citizenship Amendment Act (CAA). Khan had been granted bail by the court of CJM, Aligarh on February 10. But he continues to be in jail under the NSA, which was slapped on him by the Aligarh DM on February 15.<\/p>\n\n\n\n<p>The Court observed that State failed to discharge its burden to establish that <strong>Kafeel Khan&#8217;s<\/strong> December speech had &#8220;such a deleterious effect on the public order in district Aligarh as had continued to exist up to 13.02.2020 necessitating preventive detention of the detenue&#8221;.<\/p>\n\n\n\n<p>The Court further observed that when the alleged provocative speech was delivered in December 2019, the District Administration, Aligarh did not find Khan\u2019s speech sufficient for preventive detention. However, only when the CJM allowed his bail application on February 10, the Aligarh DM initiated the process for detaining Dr Khan under the NSA.<gwmw style=\"display:none;\"><\/p>\n\n\n\n<p>The Court held that no recommendation, even at the time of Dr Khan&#8217;s bail hearing, was made for invoking powers under sub-Section (2) of Section 3 of the National Security Act, 1980. Hence, the Court held that the &#8220;causal link&#8221; between the Act and the detention order is missing\/ completely broken.<\/p>\n\n\n\n<p>Moreover, state authorities have failed to discharge their &#8220;bounden burden&#8221; to establish that the lecture delivered by Dr Khan in December 2019 had such a deleterious effect on the public order in district Aligarh as had continued to exist up to 13.02.2020, necessitating preventive detention of the detenue on that later date.<\/p>\n\n\n\n<p>The Court observed, &#8220;Preventive detention is an exceptional mode to curtail liberty and freedom of a person in exceptionally rare circumstances. Under Article 21 of the Constitution of India along with the right to life, the right to personal liberty is a precious fundamental right. This precious fundamental right must always be protected.&#8221;<\/p>\n\n\n\n<p>The Bench clarified that the delay in passing of detention orders or in recording subjective satisfaction to preventively detain a person may not be a subject matter of a hard and fast rule. Nevertheless, it observed, the record must itself indicate that there existed a &#8220;continuing casual link&#8221; between the satisfaction claimed to have been recorded and the offending act.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Allahabad High Court on Tuesday dropped charges under the National Security Act (NSA) against Dr Kafeel Khan. Khan has been incarcerated in Mathura jail for the last six months. <\/p>\n","protected":false},"author":4,"featured_media":37088,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_eb_attr":"","footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true},"categories":[1497],"tags":[1760,88813,96107,14310],"yst_prominent_words":[],"ppma_author":[140543],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/d2r2ijn7njrktv.cloudfront.net\/apnlive\/uploads\/2018\/01\/Allahabad-High-Court.jpg","jetpack_sharing_enabled":true,"authors":[{"term_id":140543,"user_id":4,"is_guest":0,"slug":"apnnewsdesk","display_name":"APN Live","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/478eacb893eda88aa6ed8d99b005bf58?s=96&r=g"}],"_links":{"self":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/posts\/91176"}],"collection":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/comments?post=91176"}],"version-history":[{"count":0,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/posts\/91176\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/media\/37088"}],"wp:attachment":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/media?parent=91176"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/categories?post=91176"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/tags?post=91176"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/yst_prominent_words?post=91176"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/ppma_author?post=91176"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}<!-- html is corrupted -->