Dr. Kafeel Khan Gets Relief From HC In A Hate Speech Case

UP Govt. withdraws re-enquiry initiated against Dr. Kafeel Khan, informs High Court

UP: #CAA पर भाषण मामले में यूपी के डॉ कफील खान को कोर्ट से राहत

On 06.08.2021, the Uttar Pradesh Government informed the Allahabad High Court through its counsel that it has decided to withdraw the re-enquiry which was started on 24.02.2020.
The High Court also noted that this decision had been taken by the Govt. in light of what the Court had recorded in its earlier order on 29.07.2021. In that order, the Court had noticed the delay of 11 months in the re-initiating enquiry against Dr. Kafeel Khan when the Enquiry Officer had already concluded earlier enquiry and submitted his report on 15.04.2019.
In light of the withdrawal of re-enquiry by the Govt., the previous enquiry report submitted on 15.04.2019 by Enquiry Officer – Principal Secretary Mr Himanshu Kumar has survived, and the Govt. Has also submitted that it will make every endeavor to conclude the disciplinary proceedings within a period of three months.
In his Enquiry Report submitted on 15.04.2019, Mr. Himanshu Kumar, IAS, had categorically stated:
1- That at the time of the BRD tragedy, Dr. Kafeel the junior most doctor and he had joined BRD Medical College, Gorakhpur on 08.08.16 as a lecturer under probation and at the time of the incident as well he was on probation.
2- Despite being on leave on 10.08.17, he rushed to BRD medical college Gorakhpur on that fateful night and tried to save every innocent life. He & his team managed to arrange 500 cylinders in those 54 hours.
3- He called 26 people on that fateful night to all the officials of BRD medical college including District Magistrate Gorakhpur
4- There is no evidence that suggests his involvement in corruption.
5- He was not responsible for payment/order / tender /maintenance of oxygen supply.
6- He was not the head of the encephalitis ward.
7- There is no evidence that he was doing private practice after 08.0816.
8- Charges of medical negligence were baseless and without any substance ( बलहीन और असंगत हैं ).
2nd part of the order passed on 06.08.21 is that the Court has directed Uttar Pradesh Government to explain by 10.08.2021 why Doctor Kafeel Khan is suspended for the past 4 years even though other 7 co-accused including Dr Rajiv Misra Ex principal, Dr. Satish Kumar Oxygen in charge, Accountants are reinstated except Dr Kafeel. In its order passed on 29.07.21 also the Court had noted this concern and had asked the State “to justify” the continuance of order of suspension for over 4 years.

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