Dr. Kafeel Khan | SabrangIndia

Dr Kafeel Khan booked again, this time over book ‘inciting people, creating division’

sabrang — Mon, 04 Dec 2023 14:16:57 +0000

One more case was registered in Lucknow against suspended Gorakhpur hospital paediatrician Dr Kafeel Khan on the complaint of a local resident alleging that a book written by him was being distributed to incite people against the government and create division in society, police said on Sunday.

Five ‘other’ unidentified persons have also been booked in the case lodged at the city’s Krishna Nagar police station.

Dr Khan first became a household name after the 2017 tragedy at Gorakhpur’s BRD Medical College, where several children died due to lack of oxygen cylinders. While for most Indians, he was hailed as a saviour for arranging emergency oxygen cylinders, he faced criminal action along with nine other doctors and staff members over irregularities in their duty. After months of incarceration, all were finally released on bail.

‘Jail was hell for me,’ he had told Sabrangindia in his first interview after his release in 2018. The interview is in four parts.

Krishna Nagar Station House Officer Jitendra Pratap Singh said, “Dr Kafeel was booked after a local resident alleged a book written by him was being distributed to incite people against government and create division in society.”

The Lucknow police told the media that they have started a probe into the case and are trying to identify the other accused. The case was lodged under Sections 420 (cheating), 467 (forgery to make or transfer any valuable security, or to receive money), 468 (forgery for cheating), 465 (forgery), 471 (using forged as genuine), 504 (insult to provoke breach of peace), 505 (statements causing mischief), 295 (defiling a place of worship to insult a religion), 295-A (malicious acts to outrage religious feelings), and 153-B (assertions prejudicial to national integration) of the IPC.

When contacted by Indian Express over phone, Dr Khan said, “Neither the government nor the police have told me anything about it. The book in question is available on Amazon and has been on sale for two years. I have been staying outside UP for four years. The book in English has been translated by some people into Hindi and Urdu. I don’t know why they have registered a case against me now,” said Khan.

It may be recalled that, in September 2020, the Allahabad High Court revoked charges under National Security Act (NSA) against Khan, and ordered to immediately release him as he had been in a Mathura jail for nearly six months. Khan was accused of delivering a provocative speech at Aligarh Muslim University in December 2019 during protests against the Citizenship Amendment Act (CAA). The case against him was lodged for allegedly “disturbing public order’.

18 months on, Dr. Kafeel Khan still suspended from service

The post Dr Kafeel Khan booked again, this time over book ‘inciting people, creating division’ appeared first on SabrangIndia.

Poll Watch: Is Dr. Kafeel Khan the most watched MLC candidate in UP?

Wed, 30 Mar 2022 12:30:34 +0000

Image Courtesy:hindustantimes.com

Dr. Kafeel Khan the Member of Legislative Council (MLC) candidate of the Samajwadi Party from Deoria seat is perhaps the most watched candidate, by the State, the people, and the media. He is mostly on the road now campaigning in the district and puts up social media updates about his day. Recently he put up an appeal to his supporters to help fund his election campaign because expenses were mounting and he was low on money as he had been fired from his job.

Ironically, in another tweet he shared that on March 29, his convoy was stopped by Uttar Pradesh Police who allegedly “raided” it suspecting “black money”. However, according to Dr Khan “only two hundred rupees were recovered from there”. He repeated that he was contesting the election by asking for donations and was instead being accused of having “sacks of money” in his car.

मैं यहाँ चंदा माँग कर चुनाव लड़ रहा और ये आरोप लागतें हैं की मेरी कार में पैसों का बोरा है
तलाशी में 200 रुपये मिलें ? pic.twitter.com/BzsnFsokdT

— Dr Kafeel Khan (@drkafeelkhan) March 29, 2022

However it does not stop here. According to a report in the BBC Hindi, an FIR has been registered in Deoria Kotwali, against Khan “for obstructing government work”. The FIR was registered on March 29 based on the complaint of an ambulance driver who was ferrying one Geeta Mishra to hospital. According to the BBC report that quoted the FIR, the patient was brought to hospital on March 26 but was declared dead at the hospital. The driver has accused Dr. Kafeel khan of “forcibly” entering the ambulance and “ pretending to check the patient” and this “obstructing” the work.

Deoria SP Shripati Mishra told the local media the details of the complaint by the driver of the 108 ambulance and said legal action was being taken and a case had been registered based on the ambulance driver’s complaint. Dr Khan had tweeted a video on March 28 showing him examining a woman patient lying in an ambulance, who was then taken inside the hospital. Dr Khan can be heard saying, “sorry, it’s too late” and is then comforting a grieving man, perhaps the woman’s son. He tweeted that the 108 ambulance was “empty. There was no laryngoscope, no ET tube, no life saving medicine.”

https://twitter.com/drkafeelkhan/status/1508269035611324418?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1508269035611324418%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.bbc.com%2Fhindi%2Findia-60925145

बहुत दुखी हूँ कल जिनको गोरखपुर रेफ़र किया था उनका इंतकाल हो गया?
मिश्रा जी की माँ जिस 108 एम्बुलेंस से लायी गयी थी उसका ऑक्सिजन सिलेंडर ख़ाली था सदर हॉस्पिटल देवरिया में ना अंबु बैग था,ना लेरिंगोस्कोप था,ना ईटी ट्यूब ,ना जीवन रक्षक औषधि

मिश्रा जी की माँ का भी देहांत हो गया ?? pic.twitter.com/XLKYt0CIii

— Dr Kafeel Khan (@drkafeelkhan) March 28, 2022

According to the BBC, Circle Officer Sadar Shriyash Tripathi said the case was registered based on a written complaint given by the ambulance driver and the investigation had begun.

Dr Khan told the BBC that the woman’s son Ranjan Mishra, asked him to take a look at his mother. He said that there was no oxygen or ambu bag (which he can be heard asking for in the video too), and he attempted CPR before she was picked up and taken inside the hospital, where she was declared dead.

Deoria district’s ADM administration told the media that an “investigation was conducted by the CDO, in which there were three members, Additional District Officer Administration, Additional CMO and CMS District Hospital. We investigated and submitted the report to the district magistrate. There are two categories of ambulances. One is Advanced Life Support, and one Basic Life Support. It was a basic life support ambulance with all the necessary equipment.”

https://twitter.com/ashuias81/status/1508337275897323522

ADM E Deoria and DyCMO Dr B P Singh have been jointly instructed to conduct enquiry and submit a fact finding report to DM Office at the earliest.Appropriate action would be taken accordingly

— Ashutosh Niranjan,IAS (@ashuias81) March 28, 2022

Dr Khan continues on his campaign and has shared a recent video where a couple approached him with their injured child, and he gave them medical advice.

https://twitter.com/drkafeelkhan/status/1509011235961917441

पडरौना सभा के लिए जा रहा था की एक बाइक सवार ने कार रोक दी की बच्चा गिर गया है । देखा तो सर आगे से फुला था ।
मसाज़ नहीं करना , दर्द की दवा और इन्फ़्लमेशन कम करने की दवा देनी है ।
सी॰टी॰ स्कैन की ज़रूरत बहुत कम होती है बस डॉक्टर के अंडर ऑब्ज़र्वेशन की आवश्यकता होती है । ? pic.twitter.com/VY94eBjggx

— Dr Kafeel Khan (@drkafeelkhan) March 30, 2022

Uttar Pradesh’s MLC elections are on April 9, the counting of votes will take place on April 12.

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Uttar Pradesh: Doctor Kafeel Khan will contest MLC elections on April 9

Sat, 19 Mar 2022 11:42:21 +0000

“I am m going to a make a fresh beginning” said paediatrician and activist, Dr Kafeel Khan greeting people on Holi and Shab-e-barat, seeking prayers and wishes of his supporters as he takes the first steps into politics as the Samajwadi Party candidate for Uttar Pradesh’s MLC elections from Devariya-Kushinagar seat. The elections are due to be held on April 9 and Dr Khan reached out to the public in a video message posted on twitter. He recalled that it was in August 2017 that the first major turn came in his life, referring to BRD Hospital tragedy, after which his life changed forever and the many ups and downs he has faced since them “bahut time aisa laga hi himmat toot jayegi (there were moments that seemed that one would lose courage), but it was due to your prayer that I stayed alive and continued the struggle. I do not have a job today, but I have the conviction to help and serve people. A lot of people may like my decision and as many may dislike it. To people I want to say, even if i win, I will remain a doctor, I will not forget the talent Allah has given me. To those who do not agree with my decision, I ask you to support me and pray for my victory on April 9”.

ज़िंदगी की एक नयी शुरुआत करने जा रहा ?
आप सब के साथ और दुआओं की ज़रूरत है ? pic.twitter.com/yA8fpBQt2c

— Dr Kafeel Khan (@drkafeelkhan) March 18, 2022

The Samajwadi Party declared him its candidate for the upcoming Uttar Pradesh Legislative Council elections from the Devariya-Kushinagar seat which was won by SP’s Ramavadh Yadav in 2016. Uttar Pradesh Legislative Council elections will be held in 35 local bodies on April 9, the votes will be counted on April 12.

This is the first election for paediatrician Dr Kafeel Khan who in 2017 was accused of being responsible for the death of several children on the intervening night of August 10 and 11, that year. These tragic deaths were reportedly caused because the state-run Baba Raghav Das (BRD) Medical College Hospital ran out of oxygen on the fateful night. The young victims were being treated in the encephalitis ward, and died within a span of 48 hours. Dr Khan had met SP chief Akhilesh Yadav at the party office in Lucknow on Tuesday where he presented a copy of his book – The Gorakhpur Hospital Tragedy.

In November 2021 Dr Kafeel Khan announced that he has been sacked by the Uttar Pradesh state government, and that he will wait for the official orders and then challenge it in court. According to Dr Khan this action of the government of UP came even after he got a “clean chit from a court”. While addressing the media in November, he had said, “The (UP) government has claimed there are four allegations against me. They have upheld three of those and exonerated me in the case of medical negligence…. Even the court has observed that I tried my best to save lives.” Soon after the suspension, he in a video statement had said, “On August 6, 2021, the government had submitted to the court that the second inquiry against me had been quashed. The high court had stayed the suspension order in the Bahraich case. Even after all this, I have got the news that I have been dismissed.” He had clarified that the children died because the government had failed to pay the dues of the oxygen supplier of over Rs. 68 lakhs.

In February the Allahabad High Court issued a notice in the plea filed by Dr Kafeel Khan against the termination of his employment at the BRD medical College.

Soon after his first incarceration in 2017, and before he was arrested again, a three part interview with Dr Kafeel Khan through a spotlight on the pathetic state of public health in Uttar Pradesh as also the treatment he had to suffer as an activist, and a Muslim in Up jails.

Watch these interviews here

Dr. Kafeel Khan Uncut with Teesta Setalvad

Never-the-less, they persisted: Human Rights Heroes of 2021

Will go so court to challenge sacking: Doctor Kafeel Khan

UP: After mystery viral, diarrhoea cases put Azamgarh hospitals under stress

Uttar Pradesh: Any neta taking notice of recent dengue, rain related deaths?

Allahabad HC stays second suspension order against Dr. Kafeel Khan

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Allahabad HC seeks govt response in Dr Kafeel Khan’s plea against his termination

Thu, 03 Feb 2022 12:58:44 +0000

Image Courtesy:livelaw.in

The Allahabad High Court has issued notice in the plea filed by Dr Kafeel Khan against the termination of his employment at the BRD medical College by the Uttar Pradesh government from. A bench of Justice Rajan Roy has sought a response from the government in four weeks.

In November 2021, Dr Kafeel Khan was dismissed from service in the 2017 BRD Hospital tragedy where 63 children had died due to an alleged shortage of oxygen at the hospital. In response to his suspension, he released a video and said, “On August 6, 2021, the government had submitted to the court that the second inquiry against me has been quashed. The high court had stayed the suspension order in the Bahraich case. Even after all this, I have got the news that I have been dismissed.” He clarified that the children died because the government had failed to pay the dues of the oxygen supplier of over Rs. 68 lakhs.

While addressing the media in November, he had said, “The (UP) government has claimed there are four allegations against me. They have upheld three of those and exonerated me in the case of medical negligence…. Even the court has observed that I tried my best to save lives.”

In response to the allegation that he was undertaking private practice he had said, “I joined the medical college on August 8, 2016. Before that, if I had any private or public practice, it was not anyone’s business. Yet, they say the allegation stands.”

Another allegation is that Dr Khan was not registered with the UP medical Council to which he cited the document by the UP Medical Education Department, which states that any person whose name is with the Indian Medical Council “can practice anywhere”.

The next allegation is of medical negligence in the death of the children to which he responded that the “report by Alok Kumar, Principal Secretary, Medical Education, said I had no role in supply and tender of oxygen. They acknowledged that I made available 500 jumbo cylinders. I am absolved of corruption, as they claim that my submissions were valid.”

The timeline

In August 2017, Dr. Khan was removed from the pediatric department at BRD Medical College, after being held responsible for the deaths of the children, and was soon suspended in the same month. In September 2017, he was arrested and he was granted bail by Allahabad High Court on April 25, 2018.

In April 2019, he was absolved of medical negligence and corruption charges by departmental inquiry. The probe conducted by principal secretary Himanshu Kumar had in 2019 absolved Khan in two of the four accusations made against him, including the allegation that he was the nodal person for the 100-bed ward where infants were admitted and that he had not informed senior officers about oxygen shortage.

He was suspended again in July 2019 and was later arrested in December 2019 for allegedly making inflammatory speech while speaking up against the controversial Citizenship Amendment Act (CAA). He was granted bail by the Allahabad High Court on February 10, 2020 and he was to be released on February 13, 2020. Just then, charges under the National Security Act (NSA) were slapped against him. He was released from detention around midnight on September 2, 2020, after seven months of detention as the Allahabad High Court set aside his detention order.

In August 2021, UP government informed the Allahabad High Court that they withdrew the re-enquiry order and the court stayed the suspension order against Dr. Khan in September. In November 2021, the UP government terminated Dr Khan’s employment, and now he has challenged the same before Allahabad High Court.

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Will go so court to challenge sacking: Doctor Kafeel Khan

Fri, 12 Nov 2021 03:03:31 +0000

In 2017, Paediatrician Dr Kafeel Khan was accused of being responsible for the death of several children on the intervening night of August 10 and 11, 2017. These tragic deaths were reportedly caused because the state-run BRD Medical College Hospital ran out of oxygen on the fateful night. The young victims were being treated in the encephalitis ward, and died within a span of 48 hours.

Dr Kafeel Khan has now announced that he has been sacked by the Uttar Pradesh state government, and that he will wait for the official orders and then challenge it in court. According to Dr Khan this action of the government of UP comes even after he got a “clean chit from a court”.

63 बच्चों ने दम तोड़ दिया क्योंकि सरकार ने O2 सप्लायरों को भुगतान नहीं किया

8 डॉक्टर, कर्मचारी निलम्बित -7 बहाल

कई जाँच/अदालत द्वारा चिकित्सा लापरवाही और भ्रष्टाचार के आरोप में क्लीन चिट मिलने के बावजूद- मैं बर्खास्त

माँ बाप-इंसाफ़ के लिए भटक रहे
न्याय? अन्याय ?
आप तय करें ? pic.twitter.com/BOMio2aLuP

— Dr Kafeel Khan (@drkafeelkhan) November 11, 2021

The Allahabad High Court had even stayed the Uttar Pradesh government’s decision of suspending Dr. Kafeel Khan, for the second time in 2019, for allegedly misbehaving with the staff at Bahraich District Hospital. Dr Khan had approached the Allahabad High Court challenging his suspension order on the ground that sufficient time had lapsed and the inquiry had not been concluded against him even after more than two years. He had also submitted that since he was already a suspended employee, there is no purpose of passing a second suspension order. Now, he says the government has sacked him.

Priyanka Gandhi Vadra, General Secretary, Indian National Congress has said this suspension is a part of a “hate agenda” and that her party will support Dr. Khan in his fight for justice.

उप्र सरकार द्वारा डॉ. कफील खान की बर्खास्तगी दुर्भावना से प्रेरित है। नफरती एजेंडा से प्रेरित सरकार उनको प्रताड़ित करने के लिए ये सब कर रही है।

लेकिन सरकार को ध्यान रखना चाहिए कि वो संविधान से ऊपर नहीं है। कांग्रेस पार्टी डॉ कफील की न्याय की लड़ाई में उनके साथ है और हमेशा रहेगी। pic.twitter.com/xidIyzv3sI

— Priyanka Gandhi Vadra (@priyankagandhi) November 11, 2021

Allahabad HC stays second suspension order against Dr. Kafeel Khan

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The Tragic Hero Of Gorakhpur Hopital Tragedy: Full Text Of Dr Kafeel Khan’s Letter

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Allahabad HC stays second suspension order against Dr. Kafeel Khan

Thu, 16 Sep 2021 06:45:24 +0000

The Allahabad high court has stayed the Uttar Pradesh government’s decision of suspending Dr. Kafeel Khan for the second time in 2019 for allegedly misbehaving with the staff at Bahraich District Hospital.

In 2017, he was suspended for the first time and was accused of being responsible for the death of several children on the intervening night of August 10 and 11, 2017. This incident was apparently caused because the state-run BRD Medical College Hospital ran out of oxygen on the fateful night which led to the death of children being treated in the encephalitis ward, within a span of 48 hours.

Khan approached the Allahabad high court in which he had assailed his suspension order on the ground that sufficient time had lapsed and the inquiry had not been concluded against him even after more than two years. He had also submitted that since he is already a suspended employee, there is no purpose of passing a second suspension order. There is no rule which permits the State Government to issue a fresh suspension order when the employee is already under suspension, he contended.

On September 9, Justice Saral Srivastava directed the government to conclude the probe related to the 2019 suspension within a month. The order read, “Until further orders of this Court, the operation of order dated 31.07.2019 passed by respondent no.2 shall remain stayed. However, it is directed the respondent no.2 to conclude enquiry against the petitioner within a period of one month.”

However, the Additional Chief Standing Counsel AK Goel, appearing for the government, told the court that the inquiry report against Khan was submitted on August 27, 2021, and a copy was sent to him a day later, on August 28. He also submitted that the disciplinary authority has inherent power to pass a second suspension order and, therefore, the order was in accordance with the law.

He was booked for criminal conspiracy, attempt to commit culpable homicide and criminal breach of trust by a public servant, and the UP police filed a chargesheet in November 2017. While in jail, Dr. Kafeel Khan wrote a letter alleging that he and others were being made “scapegoats” for an “administrative failure” at a higher level.

Khan was absolved of all charges by the departmental inquiry after spending seven months in jail. He was eventually granted bail by the Allahabad high court on April 25, 2018. The court observed that there was no material on record to establish medical negligence and neither was he involved in getting on board the supplier of medical oxygen to the hospital.

In 2020, he was arrested for delivering a provocative speech at the Aligarh Muslim University (AMU) on December 12, 2019, against the Citizenship Amendment Act, 2019. He was granted bail by the Allahabad high court on February 10, 2020, and he was to be released on February 13, 2020. But soon after, charges under the NSA were slapped against him and he continued to remain under detention.

On September 1, 2020, the high court granted his release while setting aside his detention order and observing that his speech was a call for unity and integrity and did not threaten peace and tranquillity in the city of Aligarh. The government challenged this order, appealing to the Supreme Court but in December last year, the top court refused to interfere with the high court’s decision calling it a “good order”.

In the present matter before the high court, Justice Saral has posted the matter for hearing on November 11.

The order may be read here:

Kafeel Khan’s speech does not disclose any effort to promote hatred or violence: Allahabad HC

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Allahabad HC quashes case against Dr Kafeel Khan for anti-CAA speech

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The Tragic Hero Of Gorakhpur Hopital Tragedy: Full Text Of Dr Kafeel Khan’s Letter

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Allahabad HC quashes case against Dr Kafeel Khan for anti-CAA speech

Fri, 27 Aug 2021 04:22:04 +0000

Image Courtesy:barandbench.com

In a significant decision for Dr. Kafeel Khan who has been under the Uttar Pradesh government scanner for years now, the Allahabad High Court had cleared him of all criminal charges for his speech against the Citizenship Amendment Act, 2019 (CAA). The bench of Justice Gautam Chaudhary quashed the entire criminal proceedings initiated against Dr Khan after he delivered a speech at Aligarh Muslim University (AMU) during an anti-CAA protest in December 2019.

The court has also set aside the cognisance order of the Chief Judicial Magistrate, Aligarh. The FIR was registered against him under sections 153A (promoting enmity between different groups on grounds of religion etc.), 153B (imputations, assertions prejudicial to national integration) and 505(2) (statements creating or promoting enmity, hatred or ill will between classes) of IPC stating that his speech had disrupted harmony between communities. The chargesheet in this case filed in March 2020.

It is pertinent to note that on the basis of the same speech, he was also detained under the National Security Act (NSA), the order that was quashed by the Allahabad High Court allowing Dr. Khan to reunite with his family after seven months of incarceration.

Arguments

The primary argument raised by Dr. Khan’s counsel was that no prior sanction of the central or state government or the District Magistrate was taken before registering the FIR under sections 153A, 153B and 505(2) of IPC which is a requirement under section 196 of CrPC. The section 196 of CrPC states that no court shall take cognisance of these offences except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.

The court’s findings

The court cited Jharkhand High Court’s decision in Swaraj Thackeray vs. State of Jharkhand & ors 2008 CRL L.J. 3780 as well as Madhya Pradesh High Court’s decision in Sarfaraz Sheikh vs. the State of Madhya Pradesh and observed that, “before taking cognizance of the offence under IPC, prior prosecution sanction has not been taken by the central government or the state government or the District Magistrate and the learned Magistrate did not properly comply with the relevant provisions while passing the order of cognizance”.

On this basis alone, the court allowed the application and criminal proceedings against Dr Khan were quashed, while remanding the matter back to the Chief Judicial Magistrate Court, Aligarh. The court directed the Judicial Magistrate court to take cognisance of the charges against Dr Khan only after obtaining prior sanction of the appropriate authorities i.e., central government or the state government or the District Magistrate.

The high Court order may be read here:

Kafeel Khan’s tryst with the criminal justice system

In August 2017, Khan was charged for negligence, corruption and dereliction of duty as more than 60 children died in Gorakhpur’s BRD Medical College due to oxygen shortage.

He was arrested on September 2, 2017 and remained in jail until his bail in April 2018.

A departmental inquiry had absolved him of all charges and after spending seven months in jail, he was granted bail by Allahabad High Court on April 25, 2018. Dr. Kafeel Khan, the head of the encephalitis ward in the hospital, managed to save many lives and the parents in the hospital said that had it not been for his work, the number of deaths could have been higher.

On May 10, 2019, a division bench of Supreme Court comprising Justice Sanjay Kishan Kaul and Justice Indira Banerjee ordered the enquiry regarding suspension of Dr. Kafeel Khan to be concluded timely and directed UP government to pay all subsistence allowances payable to Dr. Khan pending his suspension.

Dr. Khan was detained in Mumbai in January, 2020 for an allegedly provocative speech at the Aligarh Muslim University (AMU) amidst the anti-CAA protests on December 13, 2019.

On September 1, 2020, a Division Bench of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh of the Allahabad High Court had revoked the NSA charges against Dr. Khan, who was lodged in the Mathura jail and the extension of his detention period was also declared illegal.

Around midnight on September 2, 2020 Dr Khan was released from detention.

In December 2020, the Supreme Court upheld the Allahabad High Court’s order quashing his detention under NSA.

On August 6, 2021 the Uttar Pradesh Government informed the Allahabad High Court that it has decided to withdraw the re-enquiry against Khan which was started on February 24, 2020. This is the second inquiry- after an earlier one gave Dr. Khan, a clean chit.

On August 13, the state government informed the high court that an independent disciplinary proceeding was initiated against him in another matter and an order of suspension was separately passed on it, which continues to hold. The next hearing in this case is August 31, 2021.

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Dr. Kafeel Khan moves Allahabad HC, seeks quashing of criminal case

Thu, 25 Mar 2021 05:59:19 +0000

Image Courtesy:barandbench.com

The Allahabad High Court has issued notice to the Uttar Pradesh Government on a petition moved by Dr. Kafeel Khan for quashing the criminal case against him.

The order given by Justice J J Munir reads, “Learned A.G.A. will seek instructions within a week. Lay this matter as fresh on 06.04.2021.”

The case

The human rights defender had delivered a speech at a protest against the Citizenship Amendment Act (CAA) at the Aligarh Muslim University (AMU) on December 12, 2019 after which, he was slapped with the National Security Act and jailed for seven months.

In September 2019, the Allahabad High Court, in an expeditious hearing, granted his release from detention under the National Security Act (NSA), setting aside the detention order passed by District Magistrate, Aligarh in February 2019.

The court had significantly noted that his speech “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.”

Thereafter, the Uttar Pradesh Government moved a special leave petition in the top court, challenging this Allahabad High Court judgment in favour of Dr. Khan. However, in December last year, the Supreme Court refused to entertain the petition calling it a ‘good order’.

Plea before Allahabad HC

Dr. Khan’s present plea before the High Court challenges the order passed by the Chief Judicial Magistrate, Aligarh dated July 28, 2020, taking cognisance of the charge-sheet for the alleged offences under sections 153-A (promoting enmity between different groups on grounds of religion), 153-B (imputations, assertions prejudicial to national-integration) and 505 (2) (statements creating or promoting enmity, hatred or ill-will between classes) of the Indian Penal Code, reported LiveLaw.

The plea also states that his entire speech does not disclose hate speech and no ingredients are available to attract sections 153A, 153B and 505(2). The plea reportedly seeks to quash the charge sheet filed against him, entire proceedings of case number 3250/2020 pending before CJM, Aligarh and the cognisance order of CJM, Aligarh.

The order may be read here:

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Supreme Court upholds Allahabad HC’s order quashing Dr. Kafeel Khan’s detention

Thu, 17 Dec 2020 08:27:50 +0000

In a huge relief to Human Rights Defender Dr. Kafeel Khan, the Supreme Court Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian has said that there is no reason to interfere with the September 1, 2020 order of the High Court which had set aside his detention under National Security Act, reported LiveLaw.

“It seems to be a good order by the High Court…We see no reason to interfere with the High Court order”, CJI SA Bobde remarked and dismissed the appeal filed by Uttar Pradesh government. The Court, however, clarified that other criminal cases against Khan will be decided on their own merits.

The CJI denied Senior Advocate Indira Jaising’s request to expunge the above observation that the judgment will not impact criminal prosecution. He said, “The criminal cases will be decided on their own merits. The observations in a preventive detention judgment cannot impact criminal prosecution.”

The High Court had come to a conclusion that Dr. Khan was not given an “effective opportunity” to make a representation against the charges levelled upon him. The Court observed that even though Dr. Khan was supplied the grounds for detention in the form of a CD, he was not given any device to access the same, hence virtually amounting to non-supply of relevant material in terms of Article 22(5) of the Constitution.

He was detained in Mumbai in January, 2020 for an allegedly provocative speech at the Aligarh Muslim University in the backdrop of protests against the Citizenship Amendment Act on December 13, 2019. The Police booked him under the stringent NSA for “disturbing public order in the city and creating an atmosphere of fear and insecurity within the citizens of Aligarh.”

To that, the High court had observed that prima facie his speech, “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.”

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How the regime is hounding Human Rights Defender Dr. Kafeel Khan

Thu, 03 Sep 2020 07:25:29 +0000

Dr. Kafeel Khan was released from detention around midnight on September 2, 2020, after seven months of detention as the Allahabad High Court set aside his detention order under the National Security Act (NSA). After being released, he feared the possibility of the Uttar Pradesh (UP) government charging him under another law to detain him again.

Here’s a look at the history of the UP government repeatedly targeting Dr Khan. It is an unfortunate though common strategy used against human rights defenders and public figures in the past; the state government, when compelled to release a person after the court finds no substance in a particular case, simply invokes its unilateral and arbitrary power and files a second or multiple criminal cases, in succession.

Here we take a look at the laws that could possibly be misused to harass Dr Khan if the government wishes to keep him behind the bars.

The Gorakhpur case

In August 2017, Khan was charged for negligence, corruption and dereliction of duty as more than 60 children died in Gorakhpur’s BRD Medical College due to oxygen shortage. A departmental inquiry had absolved him of all charges and after spending seven months in jail, he was granted bail by Allahabad High Court on April 25, 2018. The court observed that there was no material on record to establish medical negligence and neither was he involved in getting on board the supplier of medical oxygen to the hospital. In this case, it was the Supreme Court that ordered his subsistence allowance to be paid to him pending suspension and the inquiry against him to be completed with a specific time. (May 2019)

The anti-CAA speech

Khan delivered a speech at a protest against the Citizenship Amendment Act (CAA) at the Aligarh Muslim University (AMU) on December 12, 2019. An FIR was filed against him the following day but he was arrested only on January 29, 2020 in Mumbai. He was granted bail by the Allahabad High Court on February 10, 2020 and he was to be released on February 13, 2020. Just then, charges under the NSA were slapped against him. He continued to remain under detention, which was extended by the government time and again as is allowed, through executive diktat, under the questionable NSA law.

On September 1, 2020, Allahabad High Court granted his release while setting aside his detention order and observing that his speech was a call for unity and integrity and did not threaten peace and tranquility in the city of Aligarh.

Here are the laws and their various sections invoked against Dr, Khan. For Dr Khan, a doctor by profession, and a human rights defender by the nature of his work, is still under threat. The government enjoys unilateral, unchecked power to invoke certain laws against him if it desires to ensure his continued detention.

After his speech on December 12, an FIR was filed against him but he was only arrested on January 29, 2020. Sections invoked in the FIR:

Indian Penal Code:

Section 153A– Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

The FIR blamed his speech for trying to “disrupt the harmony between the communities”, and said it was “also likely to create law and order situation”.

Sections 153B – Imputations, assertions prejudicial to national integration.

Section 505(2) – Statements creating or promoting enmity, hatred or ill will between classes.-Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

On February 10, 2020 bail was granted to Dr Khan by the Aligarh Chief Judicial Magistrate. He was not released and was charged under the draconian NSA.

His mother Nuzhat Perween who had challenged the invoking of NSA against him had to run from pillar to post to get the matter heard in the HC where it was delayed several times. Finally, it was the Supreme Court (August 2020) –a bench of Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian — hearing a plea filed by Khan’s mother Nuzhat Perween seeking time-bound hearing by the High Court of her petition. Earlier, on March 18, the top court had asked Perween to move the High Court first. She again moved the Supreme Court after the hearing in the High Court was delayed. “We request the HC [High Court] to dispose of the matter peremptorily as early as possible, having regard to the fact that it involves the liberty of the applicant, within a period of fifteen days from the date the parties appear before it,” the Supreme Court ruled

THE NATIONAL SECURITY ACT, 1980

Section 3(2) – The Central Government or the State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of Public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an order directing that such person be detained.

The district police and local intelligence unit stated that there was a “strong and complete likelihood” of Khan re-entering Aligarh and instigating students, “thereby posing a serious threat to the prevailing public order”. Also a detention under NSA does not guarantee any of the rights that are guaranteed while under normal criminal acts like producing before the magistrate within 24 hrs of the arrest, immediate explaining the reason for arrest (can take up to 5 days or in extra ordinary circumstances 15 days). Also the arrested person is also not entitled to the aid of any lawyer in any matter connected with the proceedings before an NSA Advisory Board, which is constituted by the government for dealing with cases under the Act.

The law further says that the proceedings of the advisory board and its report shall be confidential, barring the part in which the board has given its opinion on whether there is sufficient cause for the detention. The NSA is supposed to be applied in cases where there is an imminent threat to public safety and security. Though the Supreme Court held in the case of AK Roy v Union of India, “While construing laws of preventive detention like the National Security Act, care must be taken to restrict their application to as few situations as possible specially when terms like public order, threat to security etc are not defined in the act because this can lead to grave consequences of violation to personal liberty, if construed liberally,” authoritarian regimes continue to invoke these laws with malice.

Though these above-mentioned laws are the ones that have been so far invoked against Dr Khan, in Uttar Pradesh and Delhi, an increasing number of Anti CAA protestors have been booked under Sections of Unlawful Activities (Prevention) Act (UAPA) and The U.P. Control of Goondas Act, 1970. Also considering that the state government has been alleging that the AMU protest was a consequence of Khan’s speech it is possible that charges under these laws may be invoked in future against him.

THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ACT, 2019

Section 13– Punishment for unlawful activities. (1) Whoever- (a) takes part in or commits, or (b) advocates abets, advises or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term which may extend to seven years, and shall also be liable to fine. (2) Whoever, in any way, assists any unlawful activity of any association, declared unlawful under section 3, after the notification by which it has been so declared has become effective under sub-section (3) of that section, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

Section 16 (1)(b)- Punishment for terrorist act. —

(1) Whoever commits a terrorist act shall,—

(b) in any other case(when death of other person is not caused), be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.

Section 18– Punishment for conspiracy, etc.—Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine

Note – Section 16 and 18 are extreme and found their way into a regular criminal law after the repeal of POTA, 2003 through amendments made in 2008 and 2011. Since the expansion of the definition of word “terrorism” through the 2019 amendment in the UAPA, this law has been increasingly misused to curb protests, especially those against the CAA 2019 and NPR.

The U.P. Control of Goondas Act, 1970:

The ground, six students already been booked under this act. Is there any possibility of the same happening in Dr. Khan’s case.

Section 2– Goonda‘ means a person who-

either by himself or as a member or leader of a gang, habitually commits or attempts to commit, or abets the commission of an offence punishable under Section 153 or Section 153-B or Section 294 of the Indian Penal Code or Chapter XV, Chapter XVI, Chapter XVII or Chapter XXII of the said Code.

(iv) is generally reputed to be a person who is desperate and dangerous to the community;

Section 3- 3. Externment, etc. of Goondas. – Where it appears to the District Magistrate. –

(a) that any person is a Goonda; and

(b) (i) that his movements or acts in the district or any part hereof are causing, or are calculated to cause alarm, danger or harm to persons or property; or

[(ii) that there are reasonable grounds for believing that he is engaged or about to engage, in the district or any part thereof, in the commission of an offence referred to in subclauses (i) to (iii) of clause (b) of Section 2, or in the abetment of any such offence; and]

the District Magistrate shall by notice in writing inform him of the general nature of the material allegations against him in respect of clauses (a), (b) and (c) and give him a reasonable opportunity of tendering an explanation regarding them.

Dr Khan’s release was a victory for the medical professional and human rights defenders. He has expressed the desire to help flood victims of Assam and Gujarat. The question remains whether the state government will allow him to stay free or continue –using laws that are arbitrary and without checks or balances – to make attempts to curtail his fundamental freedoms.

(The story was a team effort of Sabrangindia in which intern Ruchira Joshi also contributed)

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