SC%20respite%20for%20Dr%20Kafeel%20Khan%2C%20but%20will%20UP%20now%20let%20him%20breathe%20easy%3F
- The Allahabad High Court said that detention of Dr Kafeel Khan was not ‘sustainable in the eye of law’
- A three-judge Bench headed by the Chief Justice of India dismissed UP government’s petition challenging the order
- Given the UP government’s inimical approach towards him, Dr Khan decided to move out of the state and settle in Rajasthan
The%20Supreme%20Court%20on%20Thursday%20upheld%20the%20Allahabad%20High%20Court%u2019s%20order%20by%20which%20it%20had%20quashed%20the%20detention%20of%20Dr%20Kafeel%20Khan%2C%20a%20former%20pediatrician%20of%20Gorakhpur%u2019s%20BRD%20Medical%20College%2C%20under%20the%20National%20Security%20Act%20ending%20the%20hounding%20of%20Khan%20by%20Yogi%20Adityanath%20government.%20At%20least%20for%20the%20time%20being.
A%20three-judge%20bench%20headed%20by%20the%20Chief%20Justice%20of%20India%2C%20Justice%20SA%20Bobde%20dismissed%20Uttar%20Pradesh%20government%u2019s%20petition%20challenging%20the%20Allahabad%20High%20Court%u2019s%20order.%20CJI%20Bobde%2C%20Justice%20AS%20Bopanna%20and%20Justice%20V%20Ramasubramanian%20said%20they%20saw%20no%20reason%20to%20interfere%20with%20the%20high%20court%u2019s%20order.%20The%20court%2C%20however%2C%20said%20that%20other%20criminal%20cases%20against%20Dr%20Khan%20will%20be%20decided%20on%20merit.
In%20its%20September%201%20order%2C%20the%20Allahabad%20High%20Court%20said%20that%20neither%20the%20detention%20of%20Dr%20Khan%2C%20nor%20the%20extension%20of%20his%20detention%20were%20%u201Csustainable%20in%20the%20eye%20of%20law.%22
%3Cstrong%3EAlso%20read%3A%3C/strong%3E%20%3Ca%20target%3D%22_blank%22%20rel%3D%22noopener%20noreferrer%22%20href%3D%22https%3A//opoyi.com/up-govt-stubborn-like-a-child-should-observe-raj-dharma-dr-kafeel-khan-after-release-from-jail%22%3EUP%20govt%20%27stubborn%20like%20a%20child%27%2C%20should%20observe%20%27raj%20dharma%27%3A%20Dr%20Kafeel%20Khan%20after%20release%20from%20jail%3C/a%3E
The%20NSA%20was%20slapped%20on%20Dr%20Khan%20for%20his%20alleged%20provocative%20speech%20made%20at%20the%20Aligarh%20Muslim%20University%20on%20January%2029%2C%20when%20the%20movement%20against%20the%20Citizenship%20Amendment%20Act%20was%20at%20its%20peak.%20He%20was%20lodged%20at%20the%20Mathura%20district%20jail.%20Contrary%20to%20the%20administration%u2019s%20charge%20of%20a%20provocative%20speech%2C%20the%20high%20court%20said%20that%20Dr%20Khan%20called%20for%20%u201Cnational%20integrity%20and%20unity%u201D%20and%20did%20not%20%22promote%20hate.%22%20The%20court%20called%20his%20detention%20%u201Cbad%u201D%20and%20noted%20that%20Dr%20Khan%20was%20arrested%20under%20the%20NSA%20two%20months%20after%20his%20speech.%20In%20fact%2C%20Dr%20Khan%u2019s%20detention%20under%20the%20NSA%20came%20immediately%20after%20he%20got%20bail%20in%20a%20related%20case%20and%20there%20was%20no%20immediate%20live%20cause%20for%20his%20arrest.%26nbsp%3B%26nbsp%3B%26nbsp%3B%26nbsp%3B
Dr%20Khan%20was%20released%20in%20September%2C%20after%20seven%20months%u2019%20imprisonment.
The%20vendetta%20against%20Dr%20Khan%20began%20soon%20after%20shortage%20of%20oxygen%20led%20to%20the%20deaths%20of%20infants%20in%20the%20BRD%20Medical%20College.%20Dr%20Khan%20went%20out%20of%20his%20way%20to%20arrange%20for%20oxygen%20cylinders%20but%20instead%20of%20lauding%20his%20effort%2C%20the%20state%20government%20had%20him%20arrested%20on%20September%202%2C%202017%20for%20dereliction%20of%20duty%20and%20doing%20private%20practice%20while%20working%20in%20a%20government%20hospital.%20Then%20also%20he%20spent%20seven%20months%20in%20jail%20before%20the%20high%20court%20granted%20him%20bail.%20Immediately%20after%20his%20release%20from%20jail%2C%20Dr%20Khan%20was%20re-arrested%20on%20the%20cooked%20up%20charge%20of%20creating%20ruckus%20in%20the%20district%20hospital%20at%20Bahraich.%20He%20again%20managed%20to%20get%20bail%20but%20his%20freedom%20was%20short-lived%20as%20within%2024%20hours%20he%20was%20back%20behind%20the%20bars%20for%20allegedly%20opening%20a%20bank%20account%20in%202009%20using%20fake%20documents.%20As%20if%20it%20was%20lying%20in%20wait%2C%20the%20Special%20Task%20Force%20of%20UP%20police%20nabbed%20Dr%20Khan%20for%20his%20alleged%20hate%20speech.
%3Cstrong%3EAlso%20read%3A%3C/strong%3E%20%3Ca%20target%3D%22_blank%22%20rel%3D%22noopener%20noreferrer%22%20href%3D%22https%3A//opoyi.com/uttar-pradesh-cms-have-a-never-ending-tryst-with-bollywood%22%3EUttar%20Pradesh%20CMs%20have%20a%20never-ending%20tryst%20with%20Bollywood%3C/a%3E
Just%20as%20the%20high%20court%20found%20Dr%20Khan%u2019s%20detention%20under%20the%20NSA%20%u201Cbad%u201D%2C%20an%20inquiry%20by%20the%20state%20government%20in%20the%20BRD%20Medical%20College%20tragedy%20exonerated%20him%20of%20the%20charge%20of%20dereliction%20of%20duty%20and%20praised%20him%20for%20arranging%20500%20jumbo%20oxygen%20cylinders.
Given%20the%20UP%20government%u2019s%20inimical%20approach%20towards%20him%2C%20Dr%20Khan%20decided%20to%20move%20out%20of%20the%20state%20and%20settle%20in%20Rajasthan.%20But%20with%20criminal%20cases%20still%20pending%20against%20him%20the%20Yogi%20government%20is%20unlikely%20to%20let%20Dr%20Khan%20breathe%20easy.%26nbsp%3B
%3Ca%20class%3D%22mention%22%20data-mention%3D%22%23KafeelKhan%22%20data-user-id%3D%22RgjxDaEvVd3O%22%20href%3D%22/topic/kafeel-khan%22%3E%23KafeelKhan%3C/a%3E%20%3Ca%20class%3D%22mention%22%20data-mention%3D%22%23YogiAdityanath%22%20data-user-id%3D%22leobAMdwHc03%22%20href%3D%22/topic/yogi-adityanath%22%3E%23YogiAdityanath%3C/a%3E%20%3Ca%20class%3D%22mention%22%20data-mention%3D%22%23UttarPradesh%22%20data-user-id%3D%228fpxFfZw7Hfa%22%20href%3D%22/topic/uttar-pradesh%22%3E%23UttarPradesh%3C/a%3E%26nbsp%3B
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