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The Supreme Court gave the Allahabad High Court fifteen days to decide on a plea seeking the release of Dr. Kafeel Khan. Khan was arrested due to his protests against the CAA.
Kafeel Khan allegedly made provocative speeches last year in December as a part of the protests against the CAA and since January, this year he has been in custody.
Though he was granted bail in February 2020 by the Allahabad High Court, the authorities invoking the provisions of the National Security Act (NSA) extended his detention before his release. After the extension of his restraint, his mother with a Habeas Corpus Petition moved to the Supreme Court. The Supreme Court had directed the Allahabad High Court to pry into the issue and look for the records to be placed before the High Court in March, this year.
However, the case had a very slow headway and hence the Apex Court had to step in, as an application was filed calling attention to the elongated preventive detention that Khan had been placed under. The Supreme Court with the Bench of CJI of India, SA Bobde with Justice V Ramasubramaniam and Justice AS Bopanna, therefore, had to lay down an order stating that:
“We request the High Court to dispose of the matter peremptorily as early as possible, having regard to the fact that it involves the liberty of the applicant, within fifteen days from the date the parties appear before it.”
The court noted that the personal liberty of an individual is the prime concern of the court and since this matter also involved the personal liberty of Kafeel Khan, the same must be disposed of swiftly. This led to the framing of a span of fifteen days to decide on the plea of Habeas Corpus. Indira Jaising, a senior Counsel contended that though the order of the bail favoring Khan was a good feat, he had still not been released.
Senior Advocate Indira Jaising, Advocates Parasnath Singh, Ibad Mushtaq, and Fuzail Ayubbi represented the petitioner.
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