Tag Archives: #Special_court

Allahabad HC orders Dr Kafeel Khan’s release, sets aside detention order under NSA

The Allahabad High Court on Tuesday dropped charges under National Security Act against Dr Kafeel Khan, the pediatrician directing his immediate release. Dr Kafeel Khan has been incarcerated in Mathura jail for the last six months. 

The HC bench comprising Chief Justice Govind Marhur and Justice Saumitra Dayal Singh cancelled his detention in a habeaus corpus petition filed by a Kafeel’s mother. The Uttar Pradesh government had earlier extended his detention by three months till November 13.

In its last hearing, the HC bench adjourned the matter as parties prayed to file additional documents and the court wanted to pursue original records of the proceedings under the NSA, resulting in the detention of Khan and further extension of the same.

According to the plea, Khan was earlier granted bail by a court and he was supposed to be released. However, the NSA was imposed against him. Hence, his detention was illegal, the plea said.

Under the NSA, people can be detained without a charge for up to 12 months if authorities are satisfied that they are a threat to the national security or law and order. Khan is currently lodged in a Mathura jail.

The Gorakhpur doctor was arrested on January 29 by Uttar Pradesh Special Task Force (STF) for an alleged provocative speech against the Citizenship Amendment Act (CAA) at Aligarh Muslim University in December 2019.

UAPA offences triable by courts other than Special Court under NIA Act: Delhi High Court

Carrying that Unlawful Activities Prevention Act (UAPA) does not state that offences under it can be strived only by a Special Court comprised under NIA Act, the Delhi High Court on 22nd June,2020 rejected a habeas corpus petition concerning the apparent illegality of custody of Delhi riots accused. (Aqil Hussian vs State & Ors)

Delhi High Court held that the UAPA does not state that all lawsuits under the announced act certainly have to be analyzed by the NIA. Section 43 of the UAPA stipulates the ranks of Police Officers competent to investigate offences under Chapters IV and VI of the said Act by various Police Organisations.. Just because UAPA is one of the enlisted rulings in the Schedule to the NIA Act, it does not attend that every offence under the UAPA has certainly to be examined by the NIA, and that the prosecution of such cases certainly has to proceed before the Special Court.

Source – Bar & Bench