In a huge relief to Dr Kafeel Khan, who has been in custody under the stringent provisions of the National Security Act, 1980, the Allahabad High Court has directed the Government to immediately release him.
The Allahabad High Court has ordered the immediate release of Kafeel Khan, arrested in January for delivering a speech at Aligarh Muslim University in December 2019.
According to LiveLaw, the High Court pronounced the order stating that it is unlawful under the NSA to detain Doctor Kafeel and extend the period of detention.
The judges noted, according to Bar and Bench, “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 writ petition for the reasons given above is allowed. The order of detention dated 13th February, 2020 passed by District Magistrate, Aligarh and confirmed by the State of Uttar Pradesh is set aside. The extension of the period of detention 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,” the court further added.
Khan first came into the headlines in 2017 after several children died due to lack of oxygen cylinders at the Baba Raghav Das (BRD) Medical College in Gorakhpur, where he worked as a pediatrician.
Recently Khan’s custody was extended for 3 months. The order had stated that “Kafeel will remain in jail till November 13, 2020”.
Also, let us tell you that Khan had written a letter to PM Modi from jail and demanded to release him and serve the COVID-19 patients.