The Uttar Pradesh government on Saturday, 12 December, approached the Supreme Court of India challenging the Allahabad High Court order, quashing Dr Kafeel Khan’s detention under the National Security Act (NSA).
The state government, in its plea, has said that Dr Khan had a history of committing various offences and that had led to his suspension from service, registration of FIRs against him and the invocation of the NSA.
The plea joined by the central government goes on to say that Dr Khan ignored the imposition of Section 144 of the CrPC in the area around Aligarh Muslim University (AMU) and delivered a provocative speech to students gathered near the Bab-e-Syed Gate of the university.
It added that about 10,000 AMU students attempted to march towards Aligarh because of his speech. “Had the violent student(s) not been talked to stopped, this crowd would have disturbed the public order and the communal harmony of the district by entering Aligarh city,” UP government said, according to The Leaflet.
Surprised at the UP government’s decision, Dr Khan told The Leaflet, “Ever since I have come out of prison on September 1, I have not even gone into the territory of Uttar Pradesh, let alone going to Aligarh. I have been writing letters to the government to revoke my suspension so that I could start my practice and work as a corona warrior.”
The Allahabad High Court on Tuesday, 1 September, revoked the NSA charges against Dr Khan, and directed his immediate release. The order by a Division Bench of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh read:
“The order of detention dated 13 February 2020 passed by district magistrate and confirmed by the state of Uttar Pradesh is set aside. The extension of the period of mention of detenue Dr Kafeel Khan is also declared illegal. A writ in the nature of habeas corpus is hereby issued to release Dr Kafeel Khan, the detenue from state custody forthwith.”
Dr Khan was arrested on the night of 30 January, with assistance from the Mumbai Police at the airport, when he arrived in the city to attend anti-CAA protests. On 13 February, a detention order under the NSA was passed against him. His detention under the Act was extended twice before he was finally released on 1 September.
The NSA allows preventive detention of up to one year in total, but can only be extended to three months at a time.
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