Lucknow. The Yogi Adityanath government in Uttar Pradesh has filed a petition in the Supreme Court challenging the Allahabad High Court’s order to repeal the National Security Act against Gorakhpur’s doctor Kafeel Khan. This law was applied to Dr. Khan for an alleged speech against the Citizenship (Amendment) Act. The High Court in its order on September 1 said that Dr Kafeel Khan’s detention in Uttar Pradesh was ‘illegal’. According to the court, there was no attempt to promote hate or violence in the doctor’s speech.
The Uttar Pradesh government has alleged in its petition that Dr. Khan had a criminal history, which led to disciplinary action, suspension from service, registration of police cases and the National Security Act (NSA).
Dr. Khan was charged under the National Security Act for his speech against the CAA at a gathering at the Aligarh Muslim University late last year.
Gorakhpur’s doctor was arrested on 29 January. At the same time, he was charged with promoting hatred among various groups on the basis of religion and under the NSA after being granted bail on 10 February this year.
After Dr. Khan was released from a jail in Mathura, he had said that he would ask Uttar Pradesh Chief Minister Yogi Adityanath to give him a job in the state’s medical services.
Significantly, in 2017, he was suspended from BRD Medical College in Gorakhpur. In fact, many children died due to lack of oxygen cylinders in the government hospital, after which action was taken on them.
Although the charges against Dr. Khan were later dismissed in a departmental inquiry, his suspension was not revoked. He then allegedly made inflammatory speeches in Aligarh over the amended citizenship law and was beset with troubles.
Under the NSA, the government can detain people they suspect may disrupt public order or endanger India’s security or have links with foreign countries. Under this law, the government can keep the accused in custody for up to one year without charging the court.

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