Thursday, October 6, 2022

Allahabad HC defers hearing on plea challenging Dr Kafeel Khan’s detention till August 24

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New Delhi: The Allahabad High Court has adjourned hearing on a Habeas Corpus plea filed by Nuzhat Perween mother of Dr. Kafeel Ahmad Khan challenging his detention under Section 3(2) of the National Security Act, 1980.

The court has granted time to the parties for filing additional affidavit.

The court has fixed August 24 as the date of disposal of the petition. The court has said that even if the affidavit of the petitioner is filed on a holiday, it should be accepted.

The order was passed by a division bench of the Chief Justice Govind Mathur and Justice Samit Gopal on the habeas corpus petition of Dr Khan’s mother Nuzhat Parveen.

The district magistrate Aligarh ordered Dr. Khan to be detained under Rasuka on February 13, for allegedly making inflammatory statements about the Citizenship Amendment Act (CAA). This period has been extended twice. The petition challenged the validity of detention, although Dr. Khan was arrested and sent to jail on January 29 in a case lodged at the Gulharia police station in Gorakhpur.

Petitioner Nuzhat Parveen challenged Dr Khan’s Rasuka detention in the Supreme Court. The Supreme Court has ordered the High Court to decide by sending the original letter, although the original letter is still not available due to the stoppage of postal service. On May 8, the Registrar Civil received an e-mail, on which the Petition was presented in the Court.

The Court gave the Petition on June 10, allowing the other parties to be formed. On this day, the Petitioner sought time and the next date of hearing was fixed for June 16. The Petitioner then sought time to file an amendment to the Petition. On July 27, the Petitioner then sought a week’s time to file an amended Petition.  The Court sought an answer from the Government on the amended Petition filed on August 5.

Read Also: Operation of all interim orders of Allahabad HC and subordinate courts extended to Oct 31

In the meantime, the Petitioner reached the Supreme Court seeking a direction to set the Petition early, but withdrew the Application on August 14, saying that would file in the High Court. At the time of the hearing on August 19, the Petitioner Advocate has sought time for filing the reply Affidavit, on which the Court has fixed the date of August 24 for disposing of the Petition.

Read the order here;


-India Legal Bureau

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