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GOVIND MATHUR, SAUMITRA DAYAL SINGH
Nuzhat Perween – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Being transmitted by the Supreme Court, this Habeas Corpus petition is before us for adjudication.
2. Smt. Nuzhat Parween, mother of the detenue Dr. Kafeel Khan has preferred this petition assailing validity of the detention order dated 13th February, 2020 passed by the District Magistrate, Aligarh invoking powers under sub-Section (2) of Section 3 of the National Security Act, 1980. Factual matrix of the case is as follows:-
3. After obtaining the degree of Doctor in Medicine (MD), Dr. Kafeel Khan, the detenue entered in service of the State of Uttar Pradesh being appointed as Lecturer at Baba Raghav Das Medical College, Gorakhpur (B.R.D. Medical College, Gorakhpur) in the month of August, 2016.
4. An unfortunate incident occurred at the teaching hospital attached with B.R.D. Medical College, Gorakhpur in the intervening night of 10/11 August, 2017 due to unexpected shortage in supply of liquid oxygen. In a course of disciplinary action, the detenue was placed under suspension on 22nd August, 2019, which was followed by a memorandum of allegations dated 12th September, 2017.
5. For the ill-happenings in the intervening night of 10th/11th August, 2017, a criminal case was
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