Prayagraj: The High Court of Allahabad on Thursday set aside Chargesheet and regularity of his recognition against Dr Kafel Khan by the Head of the Judge (CJM), Aligarh in a criminal case that was alleged that Dr.
Khan had delivered inflammation speech to the citizenship amendment law (CAA) / National List of Residents Negeri (NRC) at the University of Muslim Aligarh in 2019.
The court ruled out Chargesheet and order his confession, observing that before submitting a chargesheet, the police authorities did not take the necessary sanctions from the center.
The state government or district judge under Section 196 (a) Code of Criminal Procedure (CRPC) as requested in such cases (inflammatory speech violations).
However, when giving this assessment, Gautam Chaudhari justice explains that Chargesheet and his recognition command can be taken by the court after sanctions must be given based on part 196 (a) CRPC from the center or state government or judge district.
According to Section 196 (a) CRPC, there is no court that will recognize any violation under the 153A IPC section except with previous sanctions from the center or state government or district judge.
Previously, a FIR was submitted against Dr.
Khan in this relationship under 153A (promoting hostility between different groups), 153B (imputation, prejudice statement on national integration), 505 (2) (statement creating or promoting, will be between classes) and 109 (reduction of violations) of the Indian Criminal Code (IPC) after his speech at AMU on December 12, 2019 during anti-CAA protests.
As a result, he was arrested and sent to prison.
Then, the police handed over Chargesheet before the Aligarh Court on March 16, 2020.
CJM, Aligarh took the awareness on July 28, 2020.
Therefore, this petition was submitted by Dr.
Khan challenging him.
At another stage, he was ordered under the National Security Law (NSA) in this relationship, which was later set aside by the High Court.
Dr.
Khan, a pediatrician Medical College of Gorakhpur, was previously suspended from services on August 22, 2017, after the death of around 60 babies at the Medical College BRD Hospital due to lack of oxygen.
Dr.
Khan has challenged his suspension before the High Court who heard this case.