Kafeel Khan, the doctor at the centre of what is now known as the BRD Medical College oxygen tragedy of 2017, finds himself faced with a fresh petition by the state government, challenging his release order issued by the High Court of Allahabad.
The Allahabad High Court order of September 1 had declared illegal Khan’s detention under the National Security Act for a speech he had given at the Aligarh Muslim University (AMU). The court had observed that the arrest was ‘not sustainable in the eye of law’.
It read, “The order of detention dated 13th February, 2020 passed by the District Magistrate, Aligarh and confirmed by the State of Uttar Pradesh is set aside. The extension of the period of detention of detenue Dr. Kafeel Khan is also declared illegal. A writ in the nature of habeas corpus is hereby issued to release Dr. Kafeel Khan, the detenue from State custody forthwith.”
On December 8, the Supreme Court verified the Special Leave Petition (SLP) and listed it tentatively for hearing on December 17.
Khan’s lawyer, Fauzail Ayyubi (an advocate on record, Supreme Court of India), told THE WEEK, “It is premature to talk about it till the case comes up for hearing and arguments are presented”. He added that they came to know of the SLP only because they had filed a caveat before the SC that if any challenge to the HC order be filed, they must be given the opportunity to contest it. “The state has challenged the view taken by the High Court,” he said.
THE WEEK has learnt from sources that the SLP reads, “In the night of 10/11.08.2017 there was a sudden shortage of liquid oxygen supply at the B.R.D Medical College. Many children lost their precious lives within a span of twenty-four hours due to the sheer negligence of Dr. Kafeel and a few others”.
This runs contrary to an interview given by Chief Minister Yogi Adityanath (whose Parliamentary constituency was Gorakhpur) in September 2017 to ANI that there were no deaths because of the shortage of oxygen.
There have so far been nine inquiry reports which have exonerated Khan of medical negligence and corruption. These have ranged from those conducted by the District Magistrate of Gorakhpur to the Director General of Medical Education, and the central government’s Ministry of Health and another initiated by the High Court.
The Indian Medical Association and the Indian Academy of Paediatrics have recently written to the state authorities to consider Khan’s reinstatement Other medical bodies such as the PMSF (Progressive Medicos and Scientists Forum) and MSC (Medical Services Centre) have also written to the UP chief minister in support of Khan. All others accused initially for the tragedy have since been reinstated.
The SLP has been filed by the State of UP through Secretary Home, District Magistrate, Aligarh; Union of India through Secretary Home; and the Superintendent of the district jail, Mathura. The last is where Khan was imprisoned on the NSA charge.
It lists Khan’s mother Nuzhat Perween as the respondent.
