The Allahabad High Court issued a notice to Uttar Pradesh government, asking it to quash the FIR registered in Aligarh against the alleged inflammatory speech by Kafeel Khan.
In December 2019, Khan had been arrested for giving a speech in the midst of the anti-Citizenship Amendment Act protests. “Everybody should come up, not just us Muslims. Everyone should come as to how can citizenship be on the basis of religion. Where was this written in our Indian Constitution? We are the citizens of the world, these boundaries are created by the politicians for their sake only. You only have to fight,” he had said in his speech.
He was then arrested and jailed for seven months and slapped with the National Security Act.
The High Court had, while ordering his release in September 2020, noted that there was nothing in the alleged speech that could disturb public order, and said it was a speech that called for integrity and unity. This order was subsequently challenged by the state government in the Supreme Court, but the apex court had refused to intervene, observing that the HC order was ‘good’.
On Tuesday a single judge bench of Justice J.J. Munir of the HC took cognisance of Khan’s plea that the FIR against him was filed without following legal procedure. The government counsel sought time to respond and the matter shall come up for hearing on April 6.
Khan, a paediatrician who was suspended in the wake of the 2017 Baba Raghav Das Medical College (Gorakhpur) oxygen tragedy in which over 60 children suffering from Japanese Encephalitis had passed away due to oxygen supply running out, has been exonerated by more than one inquiry of any wrongdoing, but remains suspended.
Since his release, Khan has not returned to UP. As he remains suspended and has not been dismissed, he has been unable to work anywhere. There were speculations of him joining the Congress, but he has dismissed the reports, while talking to THE WEEK.
Khan said, "I have hope in the judiciary. We will win on April 6. The act of the government counsel asking for more time is a dilly-dallying tactic. The FIR was registered on baseless and frivolous allegations".
