Dr Kafeel Khan – The In and Out of his Life after 2017

India, the largest democracy in the world. According to the constitution, here everyone has the right to speak. But today as well the rights are there only in pen and paper. Any voice against any politician, or any powerful person would land you in trouble. But what if you do nothing and get into trouble? Strange right? Something like that happened to one doctor named Dr Kafeel Khan. He was a common doctor who used to work in BRD Medical College in Uttar Pradesh. It was 10^th August 2017, when something very strange happened with him that changed his entire life. On that night, an alarm rang which indicated the central oxygen pipeline had some issue which is supplying low gas than required. Hospital staffs were aware that emergency cylinders could be used but that’s too only for two hours. Dr Kafeel Khan was the head of encephalitis and understood critically ill children who were victims of encephalitis could not survive without oxygen supply. And the arrangement of oxygen cylinder was very much required. Dr Khan then decided to arrange the cylinders from his friend’s private nursing home, and he managed to collect twelve cylinders that night. But then more than 23 children died due to lack of oxygen cylinders and reports say that without that 12 cylinders what Dr Khan brought; more children would have lost their lives. There is no doubt that Dr Khan must have been praised and applauded for his smart work and management which happened by media and people there. But afterwards, the blame came on the state government since the BRD Medical College was a state-owned hospital and it was due to the negligence, there were shortage of funds in the hospital. And the oxygen supplier had to cut the supply of oxygen. The maintenance and management of the hospital was also poor. Reports say that UP chief minister Yogi Adityanath was not happy with Dr Kafeel Khan and alleged that Dr Khan leaked the news in media and it spread too.

13^th August 2017, Dr Kafeel Khan was removed from his job on charges of carrying out private practices. Not only that but also a campaign was run in social media to defame him. Some false charges were made like rape, private practices etc. On 14^th August 2017, RTI activist Sanjay Sharma filed an RTI against this.

15^th August 2017, many doctors from AIIMS came forward and stood in support of Dr Kafeel Khan. They alleged that Dr Khan was made a scapegoat in this entire incident. UP government is looking out for someone to put the blame on and Dr Khan is being victimized on that front. 23^rd August 2017, a FIR was lodged against Dr Khan. On 2^nd September 2017, Dr Khan was arrested on a non bailable warrant. On November 2017, the UP Police filed a chargesheet against Dr Khan. After a long 10 months, on 10^th April 2018, Indian Medical Association stands in support of Dr Khan and expresses solidarity. Also, the IMA alleges that Dr Khan is a victim of conspiracy and there is no fault at his end. 18^th April 2018, Dr Khan writes a 10-page letter explaining his entire story and his role on that. He was been in jail from past 7 years then. The family of Dr Khan applied 6 times for his bail, but no result came out. And finally, on 25^th April 2018, Allahabad high court granted bail to Dr Khan and stated that there is no need of custody as there is not evidence of any medical negligence on his behalf.

11^th June 2018, Dr Kafeel Khan’s brother was attacked by gun by some unidentified persons. Fortunately, he was saved. July 2018, it was almost one year when Dr Khan lost his job. After that he never got his job back. He then came in front of media saying that he is going bankrupt and he is running out of money to survive. 

Let us go some days back. On 22nd September 2018, the children in Bahraich district in UP developed a mystery fever. Dr Khan then went to help the children and as he was about to address the media, the UP Police arrested him. On 24^th September just after a day getting bail, Dr Khan again got arrested by Gorakhpur Police on the charges of fraud. The fraud as alleged by Gorakhpur Police was that he opened bank accounts with fake documents where rupees two crore transactions were made in 2009. Here also somehow, he got bail.

In March 2019, Allahabad high court ordered the UP Government that whatever enquiry going on against Dr Khan must be wrapped up. On 27^th September 2019, almost after 2 years from this incident, some news came up the four charges against Dr Khan is been given clean chit. At the same time UP Government says that this cannot be termed as clean chit. After some days on 4^th October 2019, the UP Government launched a new departmental investigation. The reason behind this being spreading wrong information about the inquiry report and for making anti government remarks during his suspension. On 13^th December 2019, Dr Khan gave a speech in AMU university on Citizen Amendment Act. And that is his freedom of speech. In his speech he says that “Mota Bhai” teaches everyone to be either Hindu or Muslim and not human. He does not believe in constitution and these CAA and NRC would lead to the harassment of Muslims. A FIR was then filed against him on charges of disturbing the communal harmony. On 30^th January 2020, Dr Khan was again arrested for his speech in AMU University. He stayed in jail for 10 days and on 10^th February 2020, he was granted bail by Aligarh Chief Judicial Magistrate. But then after the bail order he was not released for 3 days. 13^th February 2020, he was charged for a threat to National Security Act. Under NSA, a detention order was passed against him saying that is was necessary to keep him in jail to prevent him from activities that are prejudicial to the maintenance of public order. NSA (National Security Act) was brought in by Indira Gandhi in 1980. This act gives power to the government to keep anyone under preventative detention if the government thinks that he/she is a threat to the nation. This act is extremely controversial, because may times people have pointed out that it curtails the rights of the people. In simple word I can say that the judiciary power is been given to the government according to this act. The government here gets a power of detaining anyone for 3 months whom it thinks to be a national threat which can be extended to 12 months. Under NSA not even a lawyer is allowed for a trial inside jail. On 13^th May 2020, the 3 months jail term was about to over but before that the UP government extended the limit to again 3 more months. Dr Khan is still in jail.

My View – Dr Khan should be released and be given an opportunity to lead his life. Afterall he did his duty and that is too to his best. Unfortunately, because of government’s negligence, why normal people are being harassed? Is this the way any government should act upon? If India is considered as the largest democracy, why is the democratic rights not being allowed to utilize?