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 28,2024

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Mangaluru, Nov 28: In a major breakthrough, police have arrested Rahul, alias Bol Karmaveer Eshwar Jat, a Haryana native, for a brutal train murder committed on October 25. Rahul, a notorious interstate serial offender, was apprehended after a relentless investigation involving multiple state police forces.

The October 25 incident occurred during a train journey when Rahul got into an argument over a cigarette with Mauzzam, a resident of Chikkaballapur. The altercation escalated, leading to Rahul strangling Mauzzam to death. He fled the scene with the victim’s mobile phone, bag, and cash.

Muazzan worked as a sales representative and was differently-abled. He boarded the train on October 24 from Yesvantpur and occupied the Divyang Coach. The incident came to light on the morning of October 25 at Udupi, where a railway guard found Muazzam unresponsive. The railway police immediately rushed him to the hospital, but doctors declared him dead.

Accused Rahul was tracked down through an exhaustive review of over 2,000 CCTV recordings by police teams from Valsad, Vapi, Surat, and Udvada. His identity was eventually confirmed by a vigilant officer from Surat Central Jail, leading to his capture in a joint operation by Railway and Surat police.

Rahul’s criminal record reveals a trail of horrifying offenses across Gujarat, Karnataka, Maharashtra, Telangana, Haryana, and West Bengal. Among these are the rape of a mentally ill minor girl in Pune and the rape and murder of a 19-year-old woman near Udvada railway station in Gujarat's Vapi district. Despite being arrested in the past, Rahul resumed his crimes after securing bail.

On November 19, he allegedly stabbed a 60-year-old man to death aboard the Katihar Express in West Bengal, with a case registered at the Howrah police station. In Telangana, he confessed to murdering a woman in yet another shocking crime.

Public Advisory:

  • Stay vigilant when traveling on trains, especially during late hours.
  • Report suspicious individuals or activities to railway authorities immediately.
  • Ensure your personal belongings are secure while traveling.
  • This arrest brings a sense of relief, but the investigations continue as authorities piece together the full extent of Rahul’s crimes.

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News Network
November 21,2024

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After the US prosecutors charged Gautam Adani with bribery and fraud, Congress reiterated its call for a Joint Parliamentary Committee (JPC) probe into the transactions of the Adani group, and hit out at Prime Minister Narendra Modi, alleging an "internal nexus" between him and "his favourite businessman."

Senior Congress leader Jairam Ramesh said the indictment of Gautam Adani and others by the US Securities and Exchange Commission validates his party’s call for a Joint Parliamentary Committee investigation.

The Congress has been pushing for the probe since January 2023, raising concerns over alleged irregularities involving Adani and his business dealings, said Ramesh.

Ramesh referred to the party’s “Hum Adani ke Hain” series, where 100 questions were raised about the alleged scams and the links between Prime Minister Narendra Modi and Gautam Adani.
He noted that the questions remain unanswered, reiterating the need for accountability in the matter.

The US prosecutors have charged Adani with deceiving investors by concealing information about his firm's solar energy project in India, which allegedly involved bribery.

Adani has been charged with securities fraud and conspiracy, according to an indictment unsealed on Wednesday. The case focusses on an agreement between Adani Green Energy Ltd. and another organisation to supply 12 gigawatts of solar power to the Indian government.

'BETRAYAL OF INDIAN INVESTORS'

Congress leader Pawan Khera described the allegations against Gautam Adani and his conglomerate as a “betrayal of Indian investors.”

Taking to X, Khera outlined the US charges, including claims that Adani’s group bribed Indian government officials between 2020 and 2024 to secure contracts. Citing media reports, he also pointed out that Gautam Adani personally met a government official to advance the scheme.

Khera referred to a March 2024 incident where the Adani Group allegedly misled the Bombay Stock Exchange and the National Stock Exchange, calling it a “grave violation of investor trust.”

He further highlighted a March 2023 FBI raid on the premises of Sagar Adani, Gautam Adani’s nephew, where electronic devices were seized as part of the investigation.

'SEBI NOT ABLE TO PROVE ANY CHARGES AGAINST ADANI'

Shiv Sena (UBT) leader Priyanka Chaturvedi criticised central probe agencies following US charges against Gautam Adani and others in an alleged bribery case linked to solar energy contracts.

Chaturvedi raised concerns about corporate governance and regulatory oversight in the country. “They talk about corporate governance, responsibility, and accountability. The industrialists should be asked to follow the rules and regulations, but even the agencies were defending him. The SEBI has not yet been able to prove charges against him,” she said, pointing to what she viewed as failures in ensuring accountability.

'BROUGHT DISREPUTE TO INDIA'

On US charges against Gautam Adani, AAP leader Sanjay Singh called for a probe against the industrialist. He said that the probe should be conducted by an investigation agency under the Supreme Court.

"Adani Group has brought disrepute to India. This is a very serious matter. The PM of India should come forward and answer this. All the pending matters against Adani should be probed by an investigation agency under Supreme Court monitoring, and all the corruption done by him, within and outside the country, should come out before the country and action should be taken against him," he said.

BJP DFENDS

BJP IT cell chief Amit Malviya responded sharply to the Opposition’s criticism regarding allegations involving Adani Green Energy and US-based Azure Power. He pointed out that the charges in the indictment are only allegations and emphasised, “The defendants are presumed innocent unless and until proven guilty.”

Malviya argued that the crux of the case concerns agreements to supply 12 GW of power to the Solar Energy Corporation of India (SECI), contingent on SECI securing power purchase agreements with state electricity distribution companies (SDCs).

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News Network
November 28,2024

Mangaluru: The upcoming assembly session at Suvarna Soudha, Belagavi, scheduled from December 9 to 19, will primarily focus on addressing issues pertaining to North Karnataka, according to Assembly Speaker U T Khader. "While the main emphasis will be on North Karnataka, concerns from other regions will also be part of the discussions," he clarified.

Speaking to reporters at the Circuit House in Mangaluru on Thursday, Khader shared that a meeting of the Business Advisory Committee had been convened, with the Chief Minister, Leader of the Opposition, and other key figures in attendance to ensure effective deliberations during the session.

"The session was initially planned from December 9 to 20. However, it was later decided to conclude it by December 19, as the All India Kannada Literary Convention is set to begin on December 20 in Mandya," Khader explained.

When asked about the process for discussions in the Assembly, Khader assured, "Discussions will take place according to the established rules."

The Speaker also highlighted his participation in various international conferences. "As Speaker of the Legislative Assembly, I have consistently sought opportunities to represent the Assembly at overseas conventions. I am pleased to announce that I will be attending the International Peace Conference in Vatican City," he said. "It is an honor to participate as a representative of the Mangaluru constituency and as the Speaker of the Assembly."

In response to questions about government grants, Khader remarked, "Grants do not come automatically. MLAs must actively follow up with the relevant authorities rather than simply complain about the lack of grants in their constituencies."

Addressing the tragic incident of three students drowning at a resort in Ullal, the Speaker emphasized, "The Deputy Commissioner has been instructed to enforce strict safety measures in resorts to prevent such incidents in the future."

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