The detention of the Uttar Pradesh doctor, Dr Kafeel Khan, charged under the stringent National Security Act (NSA) for a speech against the Citizenship (Amendment) Act, is "illegal", the Allahabad High Court said on September 1, ordering his immediate release.
"A complete reading of the speech prima facie does not disclose any effort to promote hatred or violence. It also no where threatens peace and tranquility of the city of Aligarh," the High Court said today.
"It appears that the District Magistrate had selective reading and selective mention for few phrases from the speech ignoring its true intent," the court noted.
Dr Kafeel Khan was charged under the stringent NSA for his speech against the CAA at the Aligarh Muslim University late last year. The FIR filed on December 13 last year, mentioned that Dr Khan made an attempt to "vitiate the peaceful atmosphere at the university and disturb communal harmony."
Booked for his alleged inflammatory remarks, Dr Kafeel was arrested in Mumbai on January 29 early this year and was granted bail by a court in Aligarh on February 10.
The UP government on February 13 also invoked the NSA against him, ensuring that he remains in the prison.
Dr Kafeel Khan first made headlines in August 2017 when he was accused of the deaths of 30 children due to oxygen shortage in Gorakhpur's BRD Medical college. He continues to remain suspended from service even though he was cleared of the charges in a departmental inquiry.
About two years later, a state government probe cleared Dr Khan of all charges, asking him to seek an apology from the Yogi Adityanath government.