Allahabad HC rejected the detention order by the District Magistrate in Dr. Kafeel Khan case
Dr. Kafeel Khan was booked under the National Security Act for delivering a provocative speech at the Aligarh Muslim University. The High Court did not find his speech objectionable and ordered his immediate release from the jail. This judgment is a great ray of hope for all those who believe in a controlled constitutional government and work towards the cause of promoting the rule of law, human rights, dignity, and constitutionalism in the country.His detention was extended in August this year for another three months. His mother Mrs. Nuzhat Parveen had filed a habeas corpus petition seeking his release on grounds that the U. P. government had framed her son illegally. The Supreme Court had also directed the Hon'ble Allahabad High Court to decide the case expeditiously.
.The Court did not find any justifiable reasons for Khan's detention under the NSA and rejected the story of the detention order framed by the District Magistrate and asked the government to release him immediately. Last night, he was released from Mathura jail.The Court has sent a message to the executive that it is not above the law and is required to exercise its powers as per the laws and the constitutional norms. No democracy can or should stop criticism. Criticism is a must for a healthy democracy and those who criticise the government should not be called anti-nationals or threats to national security.The Preventive Detention Laws should not be used to suppress the dissent. In this land of Bapu, law is the king of kings!