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Opinion

Supreme Court rejects UP statement against Kafeel Khan’s release after his arrest under NSA

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On Thursday, the Supreme Court dismissed an appeal by the Uttar Pradesh government seeking to overturn an order from the Allahabad high court releasing Dr. Kafeel Khan from detention under the strict National Security Act (NSA), but noted that criminal cases against Khan will be decided on the merits without being influenced by the observations made in the High Court ruling.

On September 1, the Allahabad High Court ended Khan’s continued detention since January 29 during a speech delivered last December at Aligarh Muslim University on the Citizenship (Amendment) Law.

Kafeel Khan thanked the court and said that he will “continue to raise his voice against injustice committed against anyone, anywhere.”

The state accused him of disturbing public order and creating an atmosphere of fear and insecurity among the residents of Aligarh. He obtained bail in the case on February 10, but prior to his release, the NSA charge was added against him and on February 13, and the District Magistrate ordered his remand under this Act.

Appearing for the state, Attorney General Tushar Mehta said: “The observations of the superior court exonerate him even in the criminal proceedings pending against him. We are only in this limited concern. “The court headed by CJI SA Bobde said:” We do not see any reason to interfere with the contested judgment and the order passed by the higher court. Consequently, the request for special leave (from the government) is rejected. of Uttar Pradesh) .However, we make it clear that the observations of the judgment [by the Allahabad High Court] it will not determine the outcome of the prosecution. Criminal cases will be decided on their own merits ”.

Lead defender Indira Jaising, who appeared on behalf of Nuzhat Perveen, Khan’s mother, insisted that the last part of the order was not necessary. However, the bank refused to alter his order.

“SC has dismissed the Uttar Pradesh government’s SLP to void my Allahabad court order … Bench was of the opinion that it is a good order and there is no reason to interfere with it … I will continue to raise my voice against the injustice committed to anyone in anywhere, ”he tweeted.

Khan was the nodal officer of the acute encephalitis ward at Baba Raghav Das Medical College (BRD) in Gorakhpur, where more than a hundred children reportedly died due to oxygen shortages in 2017. He was suspended and later arrested after the deaths, but was released on bail. A state government investigation cleared him of all important charges. Khan had alleged that an institutional failure led to the death of the children.

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