Dr Kafeel Khan’s speech doesn’t promote hatred; it gives a call for national integrity: High Court

coastaldigest.com news network
September 1, 2020

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Allahabad, Sept 1: The High Court of Allahabad today observed that Dr Kafeel Khan’s speech at the Aligarh Muslim University on December 13, 2019, amidst the anti-CAA protests, that led to his arrest and subsequent detention under the stringent provisions of the National Security Act, "does not disclose any effort to promote hatred or violence."

The Division Bench comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh held that prima facie, the speech is not such that a reasonable man could have arrive at a conclusion as the inference drawn by the District Magistrate, Aligarh, who passed the detention order against Dr. Khan in February this year.

"The speaker was certainly opposing the policies of the government and while doing so certain illustration are given by him, but that no where reflects the eventualities demanding detention. A complete reading of the speech prima facie does not disclose any effort to promote hatred or violence. It also nowhere threatens peace and tranquillity of the city of Aligarh. The address gives a call for national integrity and unity among the citizens. The speech also deprecates any kind of violence. It appears that the District Magistrate had selective reading and selective mention for few phrases from the speech ignoring its true intent," the Bench observed.

Accordingly, it has revoked the NSA charges against Dr. Khan; the order of detention dated 13th February, 2020 passed by District Magistrate, Aligarh under the NSA Act and confirmed by the State of Uttar Pradesh has been set aside. The extension of the period of detention of detenue Dr. Kafeel Khan is also declared illegal.

Dr. Khan was arrested from Mumbai in January this year, after he gave a speech at the Aligarh Muslim University on December 13, 2019, amidst the anti-CAA protests.

Notably, Khan had been granted bail by the court of CJM, Aligarh on February 10. However, he has been languishing in jail under the NSA Act, which was slapped on him by the Aligarh District Magistrate on February 15.

In this backdrop, the Court observed that when the speech was delivered in December 2019, the District Administration, Aligarh did not find the speech of Dr. Kafeel Khan sufficient for preventive detention.

However, only when the CJM allowed his bail application on February 10, the District Magistrate, Aligarh initiated the process for detaining Dr. Kafeel Khan under the National Security Act, 1980.

The Bench clarified that the delay in passing of detention orders or in recording subjective satisfaction to preventively detain a person may not be a subject matter of a hard and fast rule. Nevertheless, it observed, the record must itself indicate that there existed a "continuing casual link" between the satisfaction claimed to have been recorded and the offending act.

In the present case, the Court noted, "Nothing has been said in the order of detention or the grounds for detention that district administration had any information within the period from 12th December, 2019 to 13th February, 2020 about any effort made by the detenue to cause even a simple scar to the peace or tranquility or the public order of the city of Aligarh. It is only after passing of the bail order by the Chief Judicial Magistrate, Aligarh, the police officials and the District Magistrate, Aligarh initiated the process for detaining Dr. Kafeel Khan under the National Security Act, 1980. At the cost of repetition, it would be appropriate to state that from 12th December, 2019 to 29th January, 2020 the detenue was roaming free and he had ample time to make all the efforts to damage public order in the city of Aligarh, if he was intending to do so."

It added that no recommendation, even at the time of Dr. Khan's bail hearing was made for invoking powers under sub-Section (2) of Section 3 of the National Security Act, 1980.

Hence, the Court held that the "causal link" between the Act and the detention order is missing/ completely broken.

Another reason given by the Court while dropping the NSA charges against Dr. Khan was that the State authorities have failed to discharge their "bounden burden" to establish that the lecture delivered by Dr. Khan in December 2019 had such a deleterious effect on the public order in district-Aligarh as had continued to exist up to 13.02.2020, necessitating preventive detention of the detenue, on that later date.

The Court observed, "Preventive detention is an exceptional mode to curtail liberty and freedom of a person in exceptionally rare circumstances. Under Article 21 of the Constitution of India along with the right to life, the right to personal liberty is a precious fundamental right. This precious fundamental right must always be protected."

Lastly the Court observed that Dr. Khan was not supplied the grounds for his detention and thus he was deprived of the material necessary to submit a representation in accordance with clause (5) of Article 22 of the Constitution of India.

Considerably, the grounds for detention along with material were supplied to Dr. Khan in the form of a compact disk. However, neither a transcript nor any device to play the compact device were made available to him. In such circumstances the Court held,

"The non-supply of transcript would have been of no consequence, if a device would have been supplied to the detenue to play the compact disk. It is the position admitted that no such device was made available to the detenue. In absence of such device the supply of compact disk is absolutely non consequential. It virtually amounts non-supply of the material necessary to submit a representation in accordance with clause (5) of Article 22 of the Constitution of India. Such non-supply of material violates a precious fundamental right of a detenue enshrined under Article 22 of the Constitution. On this count also the detention of Dr. Kafeel Khan deserves to be set aside."

It added, "The detention of Dr. Kafeel Khan has also been extended twice. It is stated by learned Additional Advocate General that the detenue even while in prison is in contact with the students of Aligarh Muslim University and is instigating to disturb public order of the city. The facts stated is not acceptable being not supported by any material. At the threshold, it would be appropriate to state that the detenue is in State custody where he can't have any electronic device or other mechanical device to have contact anyone. The other eventuality is sending messages through the visitors, but no record of that too is available."

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News Network
December 1,2025

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Udupi, Dec 1: A horrific case of alleged rape has unfolded in Udupi, where a worker from a Hindutva organisation, previously arrested and released on bail for harassing a young woman, is now accused of waylaying and sexually assaulting her.

The arrested individual has been identified as Pradeep Poojary (26), a member of the Hindu Jagarana Vedike's Nairkode unit in Perdur.

Poojary had allegedly been relentlessly harassing the young woman, pressuring her to marry him. When she bravely stood up to him and refused his demands, she filed a formal complaint at the Hiriyadka police station. He was subsequently arrested in that initial harassment case but was later granted bail.

According to police reports, driven by the same malicious grudge, Poojary allegedly intercepted the woman again on November 29. While she was walking through a deserted area, the accused is claimed to have threatened her by grabbing her neck. When she again refused to marry him, he allegedly proceeded to rape her.

The survivor immediately informed her family about the traumatic assault. Following this, her parents lodged a complaint at the Udupi women’s police station.

Police arrested Poojary again and produced him before the court. He has since been remanded to judicial custody.

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News Network
November 24,2025

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Israel has launched a new act of aggression on a residential neighborhood in Lebanon's capital, Beirut, killing and injuring about two dozen civilians.

The Israeli regime's military said in a statement that its forces carried out a so-called precise strike in a residential apartment in Dahiyeh in the southern suburbs of Beirut on Sunday.

The aggression targeted residential areas, killing at least five people and injuring more than 28 people, Lebanon's Health Ministry said. 

Hezbollah announced the martyrdom of senior Hezbollah commander Haytham Ali Tabatabai and four resistance fighters.

Lebanese President Michel Aoun condemned the airstrike, calling it a clear demonstration of Tel Aviv’s disregard for repeated international calls to halt violations on Lebanese soil.

“Israel refuses to implement international resolutions and all efforts aimed at ending the escalation and restoring stability,” Aoun said, urging the international community to take action to prevent further aggression.

The Palestinian Islamic Jihad movement also condemned the attack, holding the international community accountable. 

“The international community bears responsibility and continues to provide cover for these attacks as long as it does not restrain the occupiers,” said Ali Abu Shahin, a member of the group’s political bureau.

Israeli prime minister Benjamin Netanyahu’s office announced that the Israeli army carried out a strike “in the heart of Beirut."

Netanyahu reportedly approved the operation following recommendations from top Israeli security officials.

Two senior US officials commented on the Israeli strike.

The first official said that Israel did not notify Americans in advance about the attack. "We were informed immediately after the strike was carried out."

The second senior official said that the "US knew for several days that Israel was planning to escalate its strikes in Lebanon, but did not know in advance the timing, location, or target of the strike."

Speaking from the site of the Israeli strike, Lebanese MP Ali Ammar condemned the attack as part of a broader campaign of aggression that has targeted "all of Lebanon since the Washington-sponsored ceasefire."

He stated that "any attack on Lebanon is a violation of red lines; this aggression is part and parcel of the entity that targets Lebanon's dignity, sovereignty, and security of citizens."

Ammar went on to say the resistance is responding with "utmost wisdom, patience, and will confront the enemy at the appropriate time."

"Unfortunately, the enemy is emboldened to commit its aggression by voices within Lebanon that have turned themselves into tools that support its aggression," he added.

The Israeli attack on the southern suburbs of the Lebanese capital is the latest blatant violation of the ceasefire Israel signed with Hezbollah in November 2024, which was intended to end hostilities that had escalated into full-scale war.

An Israeli strike on the Ain al-Hilweh camp near Sidon in southern Lebanon late Tuesday killed at least 14 people. It wounded several others, including young students, according to the Lebanese health ministry.

The military claimed the attack targeted “a Hamas training compound” used to plan and carry out attacks against the regime -- a claim that has frequently been made without evidence.

Hamas rejected the allegations as “a blatant lie aimed at justifying the massacre,” stating it had “no military installations in the Palestinian camps in Lebanon” and that the targeted site was merely “an open sports field.”

According to Lebanese authorities, Israeli attacks have killed approximately 4,000 people and displaced more than 1.2 million residents across the country since October 2023.

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News Network
December 4,2025

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Domestic carrier IndiGo has cancelled over 180 flights from three major airports — Mumbai, Delhi and Bengaluru — on Thursday, December 4, as the airline struggles to secure the required crew to operate its flights in the wake of new flight-duty and rest-period norms for pilots.

While the number of cancellations at Mumbai airport stands at 86 (41 arrivals and 45 departures) for the day, at Bengaluru, 73 flights have been cancelled, including 41 arrivals, according to a PTI report that quoted sources.

"IndiGo cancelled over 180 flights on Thursday at three airports-Mumbai, Delhi and Bengaluru," the source told the news agency.

Besides, it had cancelled as many as 33 flights at Delhi airport for Thursday, the source said, adding, "The number of cancellations is expected to be higher by the end of the day."

The Gurugram-based airline's On-Time Performance (OTP) nosedived to 19.7 per cent at six key airports — Delhi, Mumbai, Chennai, Kolkata, Bengaluru and Hyderabad — on December 3, as it struggled to get the required crew to operate its services, down from almost half of December 2, when it was 35 per cent.

"IndiGo has been facing acute crew shortage since the implementation of the second phase of the FDTL (Flight Duty Time Limitations) norms, leading to cancellations and huge delays in its operations across the airports," a source had told PTI on Wednesday.

Chaos continued at several major airports for the third day on Thursday because of the cancellations.

A spokesperson for the Kempegowda International Airport (KIA) in Bengaluru said that 73 IndiGo flights had been cancelled on Thursday.

At least 150 flights were cancelled and dozens of others delayed on Wednesday, airport sources said, leaving thousands of travellers stranded, according to news agency Reuters.

The Directorate General of Civil Aviation (DGCA) has said it is investigating IndiGo flight disruptions and has asked the airline to submit the reasons for the current situation, as well as its plans to reduce flight cancellations and delays.

It may be mentioned here that the pilots' body, Federation of Indian Pilots (FIP), has alleged that IndiGo, despite getting a two-year preparatory window before the full implementation of new flight duty and rest period norms for cockpit crew, "inexplicably" adopted a "hiring freeze".

The FIP said it has urged the safety regulator, the DGCA, not to approve airlines' seasonal flight schedules unless they have adequate staff to operate their services "safely and reliably" in accordance with the New Flight Duty Time Limitations (FDTL) norms.

In a letter to the DGCA late on Wednesday, the FIP urged the DGCA to consider re-evaluating and reallocating slots to other airlines, which have the capacity to operate them without disruption during the peak holiday and fog season if IndiGo continues to "fail in delivering on its commitments to passengers due to its own avoidable staffing shortages."

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