The Supreme Court on Thursday rejected Uttar Pradesh government's appeal against the order of Allahabad High Court that had nullified Dr Kafeel Khan’s detention under the National Security Act (NSA).
A three-judge bench headed by Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian said that there was no reason to interfere with the September 1 order of the High Court which had set aside Khan's detention. However, the court observed that other criminal cases against Dr Khan will be decided in accordance with the law.
Mr Khan, Gorakhpur-based doctor was held from Mumbai in January and lodged in Mathura jail over an allegedly "inflammatory" speech at Aligarh Muslim University during a protest organised against the CAA Act, 2019.
Doctor Khan was detained under charges of the National Security Act for "disturbing public order in the city and creating an atmosphere of fear and insecurity within the citizens of Aligarh".
The High Court, however, scrapped the detention order and noted that Khan’s speech was not provocative nor did it try promoting violence or hatred amongst people, rather Khan’s “speech calls for national integrity and unity”.
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The UP government claimed that Dr Khan had a history of committing offences, which led to disciplinary action, suspension from service, registration of police cases and the national security act.
Under the National Security Act, the government has the authority to arrest or detain people without being charged in court for up to a year if suspected to cause disrupt of public order, endanger the security of India or its ties with foreign countries.