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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: 

Related:

Supreme Court upholds Allahabad HC’s order quashing Dr. Kafeel Khan’s detention
Kafeel Khan’s speech does not disclose any effort to promote hatred or violence: Allahabad HC
How the regime is hounding Human Rights Defender Dr. Kafeel Khan