Dr Kafeel Khan after he was arrested in Mumbai by Uttar Pradesh Police. (ANI Photo)

AGRA: Contrary to reports, even after 36 hours pediatrician Dr Kafeel Khan , who was granted bail by an Aligarh court in a hate speech case, has not been released from Mathura jail . However, he is likely to be released tomorrow as chief judicial magistrate Aligarh sent a special messenger to the jail with Khan’s release order and directed the jailor to expedite the release process.

The CJM passed the orders on a application filed by Khan’s lawyer, Irfan Ghazi , who alleged that the police and jail authorities were unnecessarily harassing his client by detaining illegally, even after bail being given to him. Ghazi told TOI, "the release order was sent in person to Mathura jail from the court but they refused to accept it on the plea they the same needed to be verified".

In his application before the CJM, Ghazi stated that his 38-year-old client, who is a heart patient, had illegally been detained in the jail even after the court granted him bail and verification of the guarantors. The application stated that this is the contempt of court and also the violation of human rights of his client.

The lawyer also urged the CGM to send a "special" messenger to Mathura jail for the release of his client.

After hearing the plea, the chief judicial magistrate (CGM) Aligarh ordered Mathura Jail superintendent to release Kafeel Khan, who had been granted bail by the court on February 10. The order also stated that Khan’s release order is being sent through a special messenger Parmeet Kumar.

The CGM court also ordered Aligarh jail superintendent to expedite the process.

Ghazi said that Khan was not released even after sending the special messenger on Thursday evening. He said jail authorities told them to release him on Friday morning. Jail authorities had earlier claimed that Khan had not been released as his release order was not received.

Khan was arrested by UP special task force from Mumbai on January 29, when he reached the city to attend a protest against the Citizenship Amendment Act. He was then arrested in connection with a case registered against him in Aligarh under section 153-A (Promoting enmity between different groups on ground of religion), 153 B, 109 of IPC at civil lines police station on December 13 for disturbing communal harmony by delivering a provocative speech at Aligarh Muslim University (AMU).

