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5 highlights

  • According to the request for the issue of detention orders under the NSA, Khan allegedly made a speech critical of ‘Mota Bhai’ (a reference to Home Minister Amit Shah) and the Citizenship (Amendment) Act, 2019. Khan said in his speech that “Mota bhai teaches us to become Hindu or Muslim but not human beings.”

  • In the grounds given for the detention order by the District Magistrate, Aligarh, he has been accused of disrupting public order in two ways: 1) By making statements against the CAA and against Shah, he inspired students to sit on a dharna [protest] at the main gate of the Aligarh Muslim University (AMU). 2) He was responsible for the subsequent violence at AMU on the night of the 15 December.

  • Khan’s detention order has nothing to do with public order. Legally, a rash driver is more of a threat to public order than Khan.

  • He spent nine months in jail after 60 infants died at a hospital where he worked in the eastern UP town of Gorakhpur in 2017.

  • The FIR states that the public order in Aligarh “suffered” after the speech, thought it doesn’t provide any instance of such disruption of public order or even that anything said by him violates any of India’s hate-speech laws, namely, sections of the Indian Penal Code pertaining to “promoting enmity between communities” and acts “prejudicial to national integration”