www.courtkutchehry.com YOUTUBE VIDEOS- DR KAFEEL KHAN & HIS HABEAS CORPUS PETITIONS
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TOPIC
Dr
Kafeel Khan & His Habeas Corpus Petitions
The Hon’Ble
Allahabad High Court has asked the Centre as well as the Uttar Pradesh
government to file their replies in the habeas corpus petition seeking the
release of Dr Kafeel Khan. He has been detained under the National Security Act
(NSA) for making inflammatory speeches during the CAA Citizenship (Amendment)
Act protests.
Facts of the Case
Dr Khan was booked
on 13 December and arrested on the 29th of January 2020. He had given a speech
at the Aligarh Muslim University on 13 December 2019 during the anti–CAA
protests. On 10 February 2020 He was granted bail by the Chief Judicial Magistrate,
Aligarh. This bail order was not challenged.
But, he was not
released from jail. And after five days (15 February 2020), he was charged
under the NSA Act by the Aligarh District Magistrate. Therefore, his detention
was considered illegal for those 4 days. He has been in detention at Mathura
Jail since 29th January, 2020. The National Security Act allows preventive
detention without trial for three-months, and on 12 May 2020, following the
lapse of three months, his detention was extended for a second three-month
period, until 12 August 2020
Petitioner’s
Submissions
Dr. Khan’s mother
approached the Hon’ble Supreme Court in March. She filed a Habeas corpus
petition seeking her son’s release.
The Hon’ble Supreme
Court disposed of the petition. The Bench noted she should approach the
Allahabad HC.
She then filed a
writ petition before the Allahabad High Court. The WP challenges Dr Khan’s
detention for four days (from 10 to 14 February 2020) even though he had been
granted bail. It also seeks his release since he has been in jail since January
this year.
Court’s
Decision
On 5 August 2020
the Allahabad High Court ordered the Uttar Pradesh Government to
"positively file" its reply by the next date of hearing
“…POSITIVELY REPLY TO THE AMENDED PETITION BE FILED. IN
THE MEANTIME, UNION OF INDIA MAY ALSO FILE COUNTER AFFIDAVIT. LEARNED COUNSEL
FOR THE PETITIONER SHALL INFORM THE LEARNED COUNSEL FOR UNION OF INDIA ABOUT
THIS ORDER IN WRITING WITHIN 48 HOURS.”
The Allahabad HC
asked the centre and state to file their replies for the release of DR Khan.
The next date of hearing is 19 August 2020.
On 11 August the Hon’ble
SC was again approached by Dr. Khan’s mother. She filed a Habeas corpus
petition seeking directions for the Allahabad High Court to dispose of the
matter expeditiously, preferably in 15 days. The Hon’ble Supreme Court then
directed Allahabad High Court to dispose of the habeas corpus petition within
15 days of the parties appearing before it.
Presented by
The-Brief Sanam Siddiqui
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