A division bench consisting of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh Allahabad High Court, in a 42 page judgement granted bail and quashed National Security Act charges against the detenue Dr Kafeel Khan. The court after hearing both the the sides gave a judgement analysing the nuances involved in the case.
HIGHLIGHTS OF THE COURT PROCEEDING
- PRIMA FACIE THE SPEECH DELIVERED BY DR.KAFEEL, AT BAB-E-SAYYAD, ALIGARH MUSLIM UNIVERSITY, ALIGARH DID NOT ATTRACT THE INGREDIENTS OF DETENTION UNDER THE NSA,1980
The court while citing the entire speech was of the opinion that the speech as a whole did not attracted the grounds requisite for detention under the NSA Act. The detention grounds noted by the Chief Judicial Magistrate containing the phrases of the speech, undoubtedly are the part of the speech delivered by Dr.Kafeel but the wholesome perusal of the speech did not portray anything which would attract grounds for detention under National Security Act,1980.
THE CONCEPT OF ” SUBJECTIVE SATISFACTION”
The learner Additional Attorney General raised the objection that the court could not impose its own subjective satisfaction over the subjective satisfaction of the detaining authority. The court agreeing to this observed that it’s true that court cannot do that but the court has the entire power to scrutinise the “subjective satisfaction” of the detaining authority. The phrase “subjective satisfaction”, mean the satisfaction of a reasonable man upon certain material which satisfy his rationale. Subjective satisfaction was never deemed to mean out of the purview the judicial scrutiny or at the whims and fact of the detaining authority.
- NO CHARGES UNDER NSA WAS MADE ON THE DETENUE FROM 12th DECEMBER, 2019 TO 13th FEBRUARY,2020
No charges under NSA was made on the detenue for a whole good two months, it was only after the notice for releasing the detenue that the charges were made against him. The court was of the opinion that the casual link in the case is missing.
TO MAKE AN EARLY RREPRESENTATION THE DETENUE WAS PROVIDED WITH A COMPACT DISC CONTAINING HIS SPEECH AT BAB-E-SAYYAD AND THE GROUNDS FOR DETENTION BUT NO DEVICE FOR PLAYING THE DISC THUS CAUSING DELIBERATE DELAY IN REPRESENTATION AND VIOLATING ONE OF THE FUNDAMENTAL RIGHTS OF THE DETENUE UNDER ARTICLE 22
In order to provide an opportunity for an early representation the detenue was provided with a compact disc containing his peech delivered at Aligarh Muslim University and the grounds for detention. However he was not provided any device for playing the disc. This in turn lead to the delay in representation and this violated one of the fundamental rights of the detenue under article 22.
NO ORDER FOR EXTENSION OF DETENTION WAS SERVED UPON THE DETENUE , WHILE THE EXTENSION EXTENDED TWICE
The detenue received no order containing the extention of his detention . He was just served with the radiogram contains the order of the State Government validating the extention of the detention. However the radiogram contained that the order will be served through speed post but it never came.
The judgement is being received with graet euphoria all over the nation. This judgement is a graet example that the judiciary will always come as a saviour for the citizens against the arbitrary actions of the state.