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The order has come in a habeas corpus petition filed by Dr. Khan’s mother who alleged that his son had been detained illegally.
The Division Bench comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh has revoked the NSA charges against Dr. Khan, who is presently lodged in the Mathura jail. The order of detention dated 13th February, 2020 passed by District Magistrate, Aligarh under the NSA Act and confirmed by the state of Uttar Pradesh has been set aside. The extension of the period of detention of detenue Dr. Kafeel Khan was also declared illegal.
He was arrested from Mumbai in January this year, for allegedly giving a provocative speech at the Aligarh Muslim University on December 13, 2019, amidst the anti-CAA protests.
Notably, Khan had been granted bail by the court of CJM, Aligarh on February 10. However, he has been languishing in jail under the NSA Act, which was slapped on him by the Aligarh District Magistrate on February 15.
The present habeas corpus plea was moved by Khan’s mother, Nuzhat Perween. She had first approached the Supreme Court in March this year, seeking release of his son. However, a bench comprising CJI S A Bobde, Justices Surya Kant and BR Gavai disposed of the plea with an observation that Allahabad High Court is the appropriate forum for dealing with the matter.
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