Read: The Full Speech For Which Kafeel Khan Spent 200 Days in Jail
Quashing Dr Khan’s detention under the NSA, the Allahabad High Court found this speech didn’t promote hate/violence.
While quashing the detention order against Dr Kafeel Khan under the National Security Act (NSA), the Allahabad High Court had to analyse whether the Uttar Pradesh government had any reasonable grounds to justify his detention under the draconian law.
The reason cited by the Yogi Adityanath government and UP administration was a speech given by Dr Khan to students of Aligarh Muslim University (AMU) on 12 December 2019, just before the Citizenship Amendment Bill (CAB) became the Citizenship Amendment Act (CAA), sparking off protests across the nation.
According to the UP authorities, in his speech, Dr Khan made statements to incite communal hatred – which were prejudicial to national integration – and that he was trying to inflame tensions and disturb public order.
They were also very upset by his reference to ‘Mota Bhai’. All of this, they claimed, justifies the regular criminal case against Khan (for which he had already been granted bail on 10 February) as well as his detention under the NSA.
The Allahabad High Court, however, while quashing the NSA order, had this to say about the speech, and the UP authorities’ allegations:
“A complete reading of the speech primafacie does not disclose any effort to promote hatred or violence. It also no where threatens peace and tranquility of the city of Aligarh. The address gives a call for national integrity and unity among the citizens.The speech also deprecates any kind of violence. It appears that the District Magistrate had selective reading and selective mention for few phrases from the speech ignoring its true intent.”
So who’s got it right?
The UP Government (which we all know already has bones to pick with Dr Kafeel Khan over the Gorakhpur incident)?
Or the Allahabad High Court, which reviewed the speech and then the UP government’s response to it, to see if the detention was “acceptable to a reasonable wisdom and that it satisfied rationality of normal thinking and analyzing process” ?
Why don’t you decide? Here’s the full transcript of the speech, as reproduced in the high court’s order:
Very good Evening.
Let's begin with famous piece of poetry by Allama Iqbal Sahab “Kuch baat hai ki hasti mit-ti nahi humari sadiyon raha hai dushman daur-e-zamaa hamara” (There must be something special that we still exist despite the whole world against us) – (Students clapping)
Before even entering the gate, I received a call from the C.O. City and he said that don't go there or your will be put behind bars. – (Shame -Shame-Shame by students)
I asked him if he received a call from Yogi Ji regarding my arrival. If you all sit down it will be convenient for everyone. – (Students saying sit down everyone)
If you all sit down then we will be able to talk and understand what CAB & NRC are?
How afraid we should be of it … please sit (students “sit down sit down”)
Since our childhood we all are taught that we will neither become Hindus nor Muslims, but humans and our Mota Bhai teaches us that we will become Hindus, Muslims, but not humans.
Why because as they said (pointing at students) “How will a murderer know, whose clothes are stained in blood, how will be hide those stains?
How would they know the meaning of Constitution, since the day RSS came into being in 1928, they don't believe in Indian Constitution. They don't believe in our Constitution. It is repeatedly said that the law brought in by Amit Shah Ji, our Home Minister, is unconstitutional and is not in consonance with India's pluralism, communal harmony, humanity and equality.
We should understand whom are we talking to, We are talking to those who never believed Baba Saheb's Constitution and never ever read it. Since the time they came into existence nearly 90 years ago, their objective has been to divide this Country.
Firstly, you all are very young and I believe you will have to lift the baton and will have to fight. (Students – Inshallah (if God will).
Aligarh has always been dear to me and I think when I was in jail there was a huge protest march for me. After being released from jail, I've been here for 2-3 times and though I won't be able to reciprocate the love I've got from here, however when I got the call last night, I made up my mind that I would definitely come here, no matter how much Yogi Ji try ... (clapping)
Lets firstly talk about what CAB really is. How many people actually know the CAB is? Does everyone know? Why Citizenship Amendment Bill was introduced? There was an attempt in 2015 as well (2016 prompted by crowd). The reason to bring it at the moment is that the NRC implemented by them in Assam has resulted in 19 lakh people being left out. Out of them 90% were those people whom they wanted to be included in NRC. This backfired for them. Now they weren't able to understand what they should do first, otherwise perhaps they would have been silent after the Kashmir issue for some days. Hence, they brought CAB. According to CAB, barring Muslims, even barring atheists and other groups including Rohingya and many others, whose name I can count, only for 5-6 religions, people were told that those who faced religious persecutions in Pakistan, Bangladesh and Afghanistan will provided citizenship. Muslims shall not be provided the same. We are not affected by it, it's a good thing. Like Amit Shah ji said yesterday that it is about giving citizenship and not taking it from us Muslims, then why are you all protesting. Why are you protesting, you should not be concerned about it.
NRC plus CAB is the lethal term. And one thing is that, they have just build a small wall for now, and later they will build a full structure on it. It is the result of the hatred that they have spread amongst us for 90 years in minds of our youth on the basis of religion.
During the talks with Yogendra ji in car, he said that simply, constitution for us common village people is limited to the SHO. Whatever he says is the constitution for them. The SHO since 2014 knows how to treat them, they are second-class citizens and they should be constantly reminded that it is not their country. Whenever you to to them, they will show you their true nature. This is the reason why we have to protest and oppose. The same has been now approved by the so-called Hon'ble House. When NRC will be introduced, that is the time when we will have problems. Now what is NRC? NRC was made for Assam, and for the same Indian Register was made which has now being amended and in 2019 the completed list is available on the website of the Home Ministry Affairs. The list is complete, all preparations are done. Also, let me tell you that Aadhar Card, Pan Card, Driving License won't be of any relevance. You would require a birth certificate. If you were born in India from 1950 to 1987 then you are a citizen, otherwise not. Next clause says that if any of your parents were born in the period 1987-2004, then you are a citizen. After 2004 till now, if both the parents are born in India, then only you are a citizen. It is nowhere written that if you are a Muslim you shall be removed. Then are we in trouble? Why are we protesting? Because we know what their intentions are. What do we know that people wearing white clothes, how dark they are. We know what their thinking is and what is there in their mind. Only hatred. They will intentionally make us run to get our certificates, our father's certificates, our mother's certificates, our legal records. They will thus create problems for lakhs and crores of people.
But let me assure you all about one thing, that the rumor about sending everyone to detention centres is not possible. Understood? A budget of twenty three thousands crore will be required to send 6 lakh people of Assam to detention centres. 1500 crores were spent on NRC in Assam, say 1600 crores. For the entire India, about 30,000 crores would be required. When we ask for free education, they say that there is no money, increase the fees of JNU. The year in which 70 children died in BRD, 8 lakhs children died in India. I am running a Health for All Campaign, I'm working on that and I have met 13 chief ministers. Even I've met our Health Minister and given him my proposal. The data has been collected by us, a team of 25 nonpolitical health activists, Supreme Court lawyers, CEO's, IITians and we have got the data from UN, UNICEF, World Bank and WHO. Those data were very tragic. 50% of our population are malnourished. India is the 3rd largest country of AIDS and HIV, 2nd largest of diabetes, 72% population is devoid of health facilities. If they get a heart attack, they will have to travel for 40 kilometers to get a doctor for themselves. As per the research, the ones who are called fake doctors, Bengali doctors are the ones who are actually working, otherwise there isn't anyone. The primary health centres which are the backbone of any health centres in the world is not there, it is shambles. So, we will not talk about that.
I am travelling across India and ask everybody, I repeat it again, they might be getting bored by my speech. But this is the truth. I ask people what do they want? People say that a respectful two-square meal per day, good medical facilities when our children are not well, good colleges and universities for their education for instance AMU, JNU, IIT, AIIMS, a good job after they attain their education. Thus, the only demand that we have for past 70 years is food, clothing, shelter, health, education and employment. And this demand is not just ours but of everyone, of all poor persons. But what they talk about is Shamshaan-Kabristan (Cremation ground-Graveyard), AliBajrang Bali, your Kashmir, Ram Mandir, CAB, NRC. They don't talk about the promise that they made for 2 crores employment per year. They don't talk about giving 15 lakhs Rupees to us as earlier said by them. Economy is doomed, small businessman are ruined. If you go at the ground level, you are not the only one disturbed. By expressing their problems, they hid the problems of economy, employment, roads and housing. So that you don't even ask.
Why is mob lynching done? Mob-lynching is an organized crime. A trained mob comes who are well taught how to attack. Why would a murderer make a video himself? They themselves record the video, upload it on Facebook and inform their senior that the senior sitting in Delhi shall be happy and will save them. This is why mob-lynching is done, to create a fear-psychosis to one community and to create a pseudoeuphoria in other community. The talks about nationalism is actually pseudo-nationalism, on the basis of pseudo-Hinduism only. Our entire opposition gets hid behind soft Hinduism. We only will have to speak and fight.
You must have heard that two months back I got a clean chit. Yogi Government constituted a committee in which it was alleged that Dr. Kafeel is a murderer, is involved in corruption, all children died because of him. The said committee held that Dr. Kafeel was the junior-most doctor and bought cylinders from his own pocket and saved lives of a number of children. Then Yogi ji thought now what can be done, how to trap him now. So, they again suspended me. Now they say that I speak against the government. So now I said “is zulm ke daur me zubaan kholega kaun, agar hum bhi chup rahenge to bolega kaun” (who will speak in this time of atrocities if not me). I would like to tell you that the ones sitting in power are merely faces, the ideology of RSS of spreading hatred has been existed for many years which is being spread in shakhas. We are the ones who are not able to understand this. We will have to understand and I will appeal all my brothers and sisters who believe in prosperous and united India that they should oppose this draconian law. Everybody should come up, not just us Muslims. Everyone should come as to how can citizenship be on the basis of religion. Where was this written in our Indian Constitution? We are the citizens of the world, these boundaries are created by the politicians for their sake only. You only have to fight.
Aligarh will have to become the leader, the way JNU comes up as the only leader in the entire India for issue of fees or for any issue, For many years I believed that Aligarh is sleeping, but now perhaps after seeking these young faces, I think now is the time to wake up and they have woken up. This is the fight for our identity. We will have to fight. And let me tell you that fight does not mean creating physical violence, we have to fight in a democratic way. We have to fight in their way only and have to tell people that the rumor about detention centers is false. Their thinking is restricted only to Lok Sabha and Rajya Sabha. You don't know how much is India being condemned all over this world for bringing this law.
You should think this way that the servant in your neighbor's house has stolen something, he is manner less, and if he comes to your house you will give him employment. How will your relations be then with your neighbor? How is justified to divide people in the name of religion? However, my brother is also here with me but he has probably gone somewhere right now. My brother was shot where Yogi Adityanath was himself present about 500 meters away. (Crowd- Shame, Shame) After this, when he was taken in the car for emergency surgery to take out the bullet, there was an unnecessary delay of 4 hours. We thought for once that why is God testing his patience. I went to save the children only. There was never a response to it. But I think there must be some will of God. He must be testing me. He must have had a plan and that is the reason I am here with you guys. (Students clapping)
Convey my message that please be united. Please all come together and not be bothered about these small things and quarrels. Do you know yesterday I heard in a debate, someone said that Pakistan's Ahmadiya and Shias should have also been included so that the Muslims here would fight amongst themselves only. Everyone would have been associating them with Shias so that by this reason only they would be covered under CAB. Do you understand? This is how they want to divide. So, please be united and not just in the name of religion. We are humans first. Islam has taught us that our deeds should be right. Our intentions should be right. You choose the path and God will take you to the destination. Inshallah (if God wills).
So, I request you all that you try to reach to your nonMuslim friends, sit and talk to them and tell them we are not the ones who repeat cycle-punctures, fridges, mobiles and who marry 4 times or Jihaadis, Pakistanis. We are also doctors, engineers. Come, sit and eat with us someday for the distances that are created. I would like to tell you that what RSS did was in the name of school, you must be knowing the name of school, I don't have to take its name, through the schools it stated teaching that these bearded people are very bad. It made 4-5 categories namely the ones who repair cycle-punctures, refrigerators, marries four times, lives untidily, support Pakistan, are terrorists. So, when they see that a doctor wearing a tie is saving the lives of children, they feel who is this animal. They don't know. How will you tell them? Get them together and make them understand that we are also humans and no one can be more religious than us. Only our religion teaches about humanity, only our religion teaches about pluralization. (Students clapping)
Thank you so much. There is a lot to talk about. I will just wrap up by saying three things.
First, that there is no need to be afraid of CAB. It has nothing to do with us. But yes, it is a pawn as it is being tried to show you that this country is not yours and you are merely tenants. This is a signal given, a very big signal and its ramification shall be extended to that SHO who is seen as our Constitution.
Secondly, yes, be prepared for NRC. Get your birth certificate made. Get your parents' birth certificated made. And I'm telling you that Aadhar Card, PAN Card, Driving License is not valid at all. What all documents would be required have not yet been informed by them. But 4 documents which are most important, including birth certificate, and ensure that you get your parents' birth certificate made. Theirs would not be available, yours would be. Then, your land records, the ones received from Panchayats, your samasat, voter ID cards. These 4 documents are very important. Keep them ready.
Thirdly and most importantly, this country is ours. This Hindustan is ours, not anyone's property. As much as this land is yours, it is ours too. It is not in your capacity that you can take it away from us. It is not in your capacity that you can intimidate us. It is not in your capacity that you can remove us. We are 25 crores, you can neither scare us by mob-lynching, or by such trivial laws. We will be together, we will be together, we will be united. We will be together like a wall. This is our Hindustan and we will tell you how it will run.
“Darna aata nahi hai hume, jitna bhi dara lo. Har baar ek nai taakat se uthege, chahe jitna bhi daba lo. “(We won't be afraid no matter how much scare us. Every time we will rise, no matter how much you suppress us)
Allah Hafiz (May God be with you)
[NOTE: This transcript of the speech has been copied verbatim (including the emphasis on one paragraph) from the Allahabad High Court’s judgment, in which it is part of the public record, without any edits or editorialisation by The Quint. The views expressed herein are Dr Kafeel Khan’s own. The Quint neither endorses nor is responsible for them.]
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