NEW DELHI: Supreme Court on Thursday declined to interfere with the Allahabad High Court’s order which had quashed the detention of Dr Kafeel Khan under the stringent National Security Act (NSA) and directing the authorities to release him immediately.
A bench headed by Chief Justice S A Bobde said the court does not see any reason to interfere with the judgment of the High Court.
“This man is out for three months, nothing has occurred,” observed the bench while hearing the Uttar Pradesh government’s plea against the September 1 order of Allahabad HC.
Solicitor General Tushar Mehta, appearing for the state government, submitted before the bench that the High Court’s observations will exonerate Khan in the criminal proceedings.
The High Court had quashed Khan’s detention under the NSA and passed directions for his immediate release, noting that his speech at the Aligarh Muslim University did not promote hatred or violence, and instead emphasised on national integration.
Allowing his mother Nuzhat Parveen’s petition, it said that the District Magistrate’s detention order was illegal as the official, while passing the detention order, ignored the true intent of Khan’s speech, and instead did a selective reading of his speech.
“A complete reading of the speech prima facie does not disclose any effort to promote hatred or violence. It also nowhere threatens peace and tranquility. The address gives a call for national integrity and unity,” the court had said.
Won’t affect pending criminal cases: SC
The Supreme Court, however, clarified that the Allahabad High Court’s order on preventive detention will not impact the pending criminal cases against Kafeel Khan, and they will be decided on their own merits.