Dr Kafeel Khan’s speech doesn’t promote hatred; it gives a call for national integrity: High Court

coastaldigest.com news network
September 1, 2020

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Allahabad, Sept 1: The High Court of Allahabad today observed that Dr Kafeel Khan’s speech at the Aligarh Muslim University on December 13, 2019, amidst the anti-CAA protests, that led to his arrest and subsequent detention under the stringent provisions of the National Security Act, "does not disclose any effort to promote hatred or violence."

The Division Bench comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh held that prima facie, the speech is not such that a reasonable man could have arrive at a conclusion as the inference drawn by the District Magistrate, Aligarh, who passed the detention order against Dr. Khan in February this year.

"The speaker was certainly opposing the policies of the government and while doing so certain illustration are given by him, but that no where reflects the eventualities demanding detention. A complete reading of the speech prima facie does not disclose any effort to promote hatred or violence. It also nowhere threatens peace and tranquillity of the city of Aligarh. The address gives a call for national integrity and unity among the citizens. The speech also deprecates any kind of violence. It appears that the District Magistrate had selective reading and selective mention for few phrases from the speech ignoring its true intent," the Bench observed.

Accordingly, it has revoked the NSA charges against Dr. Khan; the order of detention dated 13th February, 2020 passed by District Magistrate, Aligarh under the NSA Act and confirmed by the State of Uttar Pradesh has been set aside. The extension of the period of detention of detenue Dr. Kafeel Khan is also declared illegal.

Dr. Khan was arrested from Mumbai in January this year, after he gave a 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.

In this backdrop, the Court observed that when the speech was delivered in December 2019, the District Administration, Aligarh did not find the speech of Dr. Kafeel Khan sufficient for preventive detention.

However, only when the CJM allowed his bail application on February 10, the District Magistrate, Aligarh initiated the process for detaining Dr. Kafeel Khan under the National Security Act, 1980.

The Bench clarified that the delay in passing of detention orders or in recording subjective satisfaction to preventively detain a person may not be a subject matter of a hard and fast rule. Nevertheless, it observed, the record must itself indicate that there existed a "continuing casual link" between the satisfaction claimed to have been recorded and the offending act.

In the present case, the Court noted, "Nothing has been said in the order of detention or the grounds for detention that district administration had any information within the period from 12th December, 2019 to 13th February, 2020 about any effort made by the detenue to cause even a simple scar to the peace or tranquility or the public order of the city of Aligarh. It is only after passing of the bail order by the Chief Judicial Magistrate, Aligarh, the police officials and the District Magistrate, Aligarh initiated the process for detaining Dr. Kafeel Khan under the National Security Act, 1980. At the cost of repetition, it would be appropriate to state that from 12th December, 2019 to 29th January, 2020 the detenue was roaming free and he had ample time to make all the efforts to damage public order in the city of Aligarh, if he was intending to do so."

It added that no recommendation, even at the time of Dr. Khan's bail hearing was made for invoking powers under sub-Section (2) of Section 3 of the National Security Act, 1980.

Hence, the Court held that the "causal link" between the Act and the detention order is missing/ completely broken.

Another reason given by the Court while dropping the NSA charges against Dr. Khan was that the State authorities have failed to discharge their "bounden burden" to establish that the lecture delivered by Dr. Khan in December 2019 had such a deleterious effect on the public order in district-Aligarh as had continued to exist up to 13.02.2020, necessitating preventive detention of the detenue, on that later date.

The Court observed, "Preventive detention is an exceptional mode to curtail liberty and freedom of a person in exceptionally rare circumstances. Under Article 21 of the Constitution of India along with the right to life, the right to personal liberty is a precious fundamental right. This precious fundamental right must always be protected."

Lastly the Court observed that Dr. Khan was not supplied the grounds for his detention and thus he was deprived of the material necessary to submit a representation in accordance with clause (5) of Article 22 of the Constitution of India.

Considerably, the grounds for detention along with material were supplied to Dr. Khan in the form of a compact disk. However, neither a transcript nor any device to play the compact device were made available to him. In such circumstances the Court held,

"The non-supply of transcript would have been of no consequence, if a device would have been supplied to the detenue to play the compact disk. It is the position admitted that no such device was made available to the detenue. In absence of such device the supply of compact disk is absolutely non consequential. It virtually amounts non-supply of the material necessary to submit a representation in accordance with clause (5) of Article 22 of the Constitution of India. Such non-supply of material violates a precious fundamental right of a detenue enshrined under Article 22 of the Constitution. On this count also the detention of Dr. Kafeel Khan deserves to be set aside."

It added, "The detention of Dr. Kafeel Khan has also been extended twice. It is stated by learned Additional Advocate General that the detenue even while in prison is in contact with the students of Aligarh Muslim University and is instigating to disturb public order of the city. The facts stated is not acceptable being not supported by any material. At the threshold, it would be appropriate to state that the detenue is in State custody where he can't have any electronic device or other mechanical device to have contact anyone. The other eventuality is sending messages through the visitors, but no record of that too is available."

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News Network
November 19,2024

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News Network
November 28,2024

Mangaluru: In a heartbreaking incident, three first-year nursing students drowned in the Phalguni River near Barkaje dam, within the Venoor police station limits, on Wednesday evening.

Preliminary reports identify the deceased as Lawrence from Moodbidri, Suraj from Belthangady, and Jaison from Vagga in Bantwal.

According to police sources, the tragedy occurred around 5:30 PM. The group of friends had gathered at a friend's house to celebrate a church feast. After lunch, five of them decided to visit the river near the dam for a swim.

While in the water, two of the students were caught in the strong current. Jaison, attempting to rescue them, was also swept away. Fire and emergency services personnel, along with the police, rushed to the scene and retrieved the bodies.

This tragic event has left the community in deep sorrow.

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News Network
November 21,2024

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Prominent NRI community leader SM Syed Khalilur Rehman, fondly known as CA Khalil, passed away in Dubai on Thursday at the age of 86 after a brief illness.

Khalil had been admitted to Aster Hospital in Mankhool on Tuesday after experiencing severe leg weakness. Despite the best efforts of the medical team, he succumbed to a double heart attack that worsened his condition, his son Rais Ahmed confirmed.

The news of his passing has sent waves of grief across communities, particularly in his hometown of Bhatkal, Karnataka, where he was a celebrated figure. Tributes have been pouring in on social media, highlighting his significant contributions to international trade, social service, and education.

A Legacy of Leadership and Service

A chartered accountant by profession, Khalil was a founding member of the Dubai chapter of the Institute of Chartered Accountants of India (ICAI), where he served as chairman from 1987 to 1994. His illustrious career included key leadership roles, such as general manager of Khaleej Times, group executive director of the Ilyas and Mustafa Galadari Group, and vice-chairman of the Jashanmal Group of Companies.

He also chaired Maadhyama Communications and Sahil Online, a web-based news platform, and was a director and trustee of several media companies and charitable organisations in Dubai and India.

A Champion for Education and Philanthropy

Khalil’s impact extended far beyond his professional achievements. As president and general secretary of Anjuman Hami-e-Muslimeen, he played a pivotal role in the development of educational institutions, including schools and colleges in Bhatkal and surrounding areas. His dedication to social upliftment earned him recognition from the Government of Karnataka, which honoured him with a prestigious award for his philanthropic contributions.

A Life Celebrated

The Bhatkal Muslim Khaleej Council (BMKC) recently released a documentary celebrating Khalil’s remarkable life and service to the community—a testament to his enduring legacy.

CA Khalil is survived by his family and countless admirers across the globe. His passing marks the end of an era for Indian expatriates in the UAE and beyond, leaving behind a legacy of leadership, generosity, and commitment to community service.

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