Anti CAA-Speech At AMU: Dr. Kafeel Khan Files Plea To Quash Criminal Case, Allahabad High Court Seeks UP Govt's Response

The Bench of Justice J. J. Munir, vide the notice, sought a response from the UP government and the matter has been posted for further hearing on April 6.

Background of Dr. Khan's Case

In December 2019, Dr. Khan was arrested for giving a speech in the midst of the anti-Citizenship Amendment Act protests, and was jailed for seven months and slapped with the National Security Act.

However, in September 2020, while noting that his speech at the Aligarh Muslim University "does not disclose any effort to promote hatred or violence", the Allahabad High Court's Division Bench comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh had ordered his release.

The Division Bench had held that prima facie, the speech was not such that a reasonable man could have arrived at a conclusion as the inference drawn by the District Magistrate, Aligarh, who passed the detention order against Dr. Khan.

A complete report of Allahabad HC's Verdict could be read here - 'Dr Kafeel Khan's Speech Does Not Promote Hatred Or Violence, It Gives A Call For National Integrity And Unity Among Citizens'

Further, the Uttar Pradesh Government had filed a special leave petition in the Supreme Court against this Judgment of the Allahabad High Court.

However, a Supreme Court Bench headed by Chief Justice Bobde in December 2020 refused to interfere with Allahabad High Court Order which quashed the detention of Dr.Kafeel Khan under the National Security Act (NSA).

"It seems to be a good order by High Court…We see no reason to interfere with the High Court order," CJI SA Bobde remarked.

Dr. Khan's plea before the Allahabad High Court

Dr. Khan has in his plea, inter alia, challenged the order passed by the Chief Judicial Magistrate, Aligarh (dated 28^th July 2020) taking cognizance of the charge-sheet for the alleged offences under Sections 153-A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 153-B (Imputations, assertions prejudicial to national-integration) and 505 (2) (Statements creating or promoting enmity, hatred or ill-will between classes) of the Indian Penal Code (IPC).

Apart from contending that order of taking cognizance for the abovementioned offences without prior sanction from the central or state government is without jurisdiction and is nullity in law, the plea also avers that a perusal of the entire speech does not disclose hate speech and no ingredients are available to attract Sections 153A, 153B and 505(2).

The plea specifically seeks to quash the charge sheet filed against him, entire proceedings of case number 3250/2020 pending before CJM, Aligarh and the cognizance order of CJM, Aligarh.

About Dr. Khan

Dr, 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 a 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 inquiry absolved him of charges in September 2019.

Case title - Dr. Kafeel @ Dr. Kafeel Ahmad Khan v. State of U.P. and Another 

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