Allahabad HC Adjourns Dr. Kafeel Khan's Habeas Corpus Plea to August 24 For Final Hearing And Disposal [Read Order]

The Division comprising Chief Justice Govind Mathur and Justice Samit Gopal has given time to the Respondent-authorities to file its rejoinder/additional affidavit by next Monday, when it will finally dispose of the plea.

The order has come after the Supreme Court last week directed High Court to expeditiously dispose of Khan's habeas corpus plea, who has been in detention at Mathura Jail since 29th January, 2020.

SC Directs Allahabad HC To Dispose Off Dr Khafeel Khan's Plea Against His Detention At Mathura Jail

In its order dated August 19, the Allahabad High Court highlighted that even though the writ petition moved by Khan's mother was taken up as early as on 1st June, 2020, its hearing came to be deferred due to repeated adjournments sought by her counsel.

Giving an account of the case's listing, the High Court highlighted that the Petitioner's counsel had sought adjournments, for various reasons, on June 1, June 8, June 10, June 16, July 7 and July 27.

Finally the matter was heard on August 5, when the Court granted ten days time to the State to file its reply in the matter.

Allahabad HC Seeks State's Response In Habeas Corpus Plea For Release Of Dr. Kafeel Khan

Khan is presently lodged in the Mathura jail under the National Security Act. He was arrested from Mumbai in January this year, for allegedly giving a provocative speech at the Aligarh Muslim University on December 13, 2019, amidst the anti-CAA protests.

Notably, Khan had been granted bail by the court of CJM, Aligarh on February 10. However, he has been languishing in jail under the NSA Act, which was slapped on him by the Aligarh District Magistrate on February 15.

The present habeas corpus plea was moved by Khan's mother, Nuzhat Perween. She had first approached the Supreme Court in March this year, seeking release of his son. However, a bench comprising CJI S A Bobde, Justices Surya Kant and BR Gavai disposed of the plea with an observation that Allahabad High Court is the appropriate forum for dealing with the matter.

Khan came in news first in August 2017, during the tragedy in Baba Raghav Das(BRD) Medical College Hospital, Gorakhpur, regarding the death of nearly 60 infants due to lack of oxygen supply.

He was initially reported to have acted as a saviour by promptly acting to arrange emergency oxygen supply by paying out of his pocket.

Despite being hailed as a hero for arranging cylinders as children gasped for breath, he was named in an FIR registered under Sections 409 (criminal breach of trust by public servant, or by banker, merchant or agent), 308 (attempt to commit culpable homicide) and 120-B (criminal conspiracy) of the Indian Penal Code. It was alleged that he was negligent in his duties, which resulted in a shortage of medical oxygen.

He was arrested in September 2017, and was released only in April 2018 when the High Court allowed his bail application after observing that there existed no material on record to establish charges of medical negligence against Dr. Khan individually.

He was also suspended from service alleging dereliction of duty. A report of the departmental enquiry absolved him of charges in September 2019.

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