The Yogi Adityanath-led Uttar Pradesh government on Saturday moved the Supreme Court, challenging the September 1 judgement of the Allahabad High Court, which quashed the detention of Dr Kafeel Khan under the National Security Act (NSA).
The special leave petition filed by the UP government at the apex court stated that Dr Khan, even after his release from prison on September 1, had delivered a provocative speech to students gathered at the Bab-e-Syed gate of the Aligarh Muslim University (AMU).
In doing so, Dr Khan had ignored the imposition of CrPC Section 144 in the area around the university, the plea stated, according to a report by The Leaflet.
The petition also stated that Dr Khan had had a history of committing various offences, which is the reason for disciplinary action to be pursued against him -- leading to his suspension from service, the various FIRs and the charges under the NSA.
However, Dr Khan has himself denied these latest charges against him, adding that he was surprised that the government would go to the extent of appealing against his release in the Supreme Court.
“Ever since I have come out of prison on September 1, I have not even gone into the territory of Uttar Pradesh let alone going to Aligarh. I have been writing letters to the Government to revoke my suspension so that I could start my practice and work as a Corona warrior,” The Leaflet quotes Dr Khan as saying.
Dr. Kafeel Khan was released on September 2 midnight, hours after being granted bail by the Allahabad High Court.
The Allahabad High Court had quashed his detention under the National Security Act and ordered his immediate release.
Khan was in jail since January after he delivered an allegedly provocative speech at the Aligarh Muslim University (AMU) during the anti-Citizenship Amendment Act (CAA) protests in December last year.
The bench, comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh, passed the order on a petition filed by Khan's mother Nuzhat Parveen.
The petition argued that Khan was granted bail in February by a competent court and he was supposed to be released on bail.
However, he was not released for four days and the NSA was subsequently invoked against him. Hence, his detention was illegal, the petition stated.