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Allahabad High Court revokes use of National Security Act against Dr #KafeelKhan. He is likely to be freed after 212 days in jail without trial. "I welcome the decision & thank the court. This decision will be an example in history," his brother Adeel Khan tells @Saurabhsherry.
UP's #BJP govt had in February slapped the NSA on Dr Khan for an anti-#CAA speech, in which he had called home minister Amit Shah "motabhai" and said Shah could not see human beings but Hindus and Muslims
"Preventive detention is an exceptional mode to curtail liberty & freedom of a person in exceptionally rare circumstances. Under Article 21 of the Constitution.. along with the right to life, the right to personal liberty is a precious fundamental right."
"This precious fundamental right must always be protected... the nation of India is weaved as a democratic republic where social, economic and political justice to every citizen is secured, where liberty of thought, expression, belief, faith are constitutionally protected..."
"...where every citizen is at equal status with equal opportunities. The system of governance is to promote fraternity with assurance to maintain the dignity of every individual as well as unity and integrity of the nation..."
"The strong & valuable fabric of our nation is well designed with support of fundamental rights (which are)
golden thread in the fabric.. further illuminated by extending protection of life & personal liberty under Article 21." Justice Saumitra Dayal & Chief Justice Govind Mathur
"The speaker was certainly opposing policies of the govt & while doing so certain illustration are given by him, but that nowhere reflects the eventualities demanding detention. A complete reading of speech
primafacie does not disclose any effort to promote hatred or violence."
"It also no where threatens peace and tranquility 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 DM had selective reading & selective mention for few phrases from the speech ignoring its true intent...we (have) no hesitation in concluding that neither detention of Dr. Kafeel Khan nor extension of the detention are sustainable in the eye of law."
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