New Delhi: The Supreme Court on Thursday turned down the Uttar Pradesh government’s plea against the Allahabad High Court order as it sought tough charges in the National Security Act against Dr Kafeel Khan. The top court ordered the immediate release of the doctor asserting that the high court order was a good judgement. Also Read - Muslims Who Say 'Bharat Mata ki Jai, Vande Mataram' Will be Honoured: UP Minister
“We will not interfere in the judgement. However, the observation will not impact any other proceedings,” said the bench, also comprising justices A S Bopanna and V Ramasubramanian. Also Read - Ward Boy, 46, Dies Day After Taking Shot of Covishield Vaccine in UP's Moradabad
Solicitor General Tushar Mehta, appearing for the state, told the bench that observation made by the high court exonerates Khan in the criminal proceedings. Also Read - Deadlock Continues as Centre-farmers Talks Remain Inconclusive, Next Meet on Jan 19
Criminal cases will be decided on their own merits, the bench observed.
In its September 1 verdict, the high court had quashed khan’s detention under the NSA and ordered his immediate release, saying his speech at the AMU didn’t promote hatred or violence and gave a call for national integrity.
The high court had said that the Aligarh district magistrate, who had passed the order for Khan’s detention, did a “selective reading” of his speech, “ignoring its true intent”.
The high court had allowed the petition filed by Khan’s mother, Nuzhat Parveen, and said the detention order by the district magistrate was illegal.
Khan had hit the headlines after the 2017 tragedy at Gorakhpur’s Baba Raghav Das (BRD) Medical College, in which several children died due to a lack of oxygen cylinders. Initially, he was hailed as a saviour for arranging emergency oxygen cylinders but later faced action along with nine other doctors and staff members of the hospital, all of whom were released on bail later.
(With Agency inputs)