ID :
53496
Thu, 04/02/2009 - 16:37
Auther :
Shortlink :
https://www.oananews.org//node/53496
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NSA against Varun; SC issues notice to UP Govt
New Delhi, Apr 2 (PTI) The Supreme Court of India
Thursday issued notices to the Uttar Pradesh Government and
the District Magistrate of Pilibhit for slapping the National
Security Act against Bharatiya Janata Party leader Varun
Gandhi in connection with his alleged hate speeches.
A Bench headed by Chief Justice K G Balakrishnan posted
the matter for hearing on April 13.
The apex court was told that the last date for filing the
nomination paper for Pilibhit Lok Sabha seat from where Varun
is contesting is April 16.
Senior advocate Mukul Rohatgi, appearing for Varun,
alleged that the District Magistrate has passed the order
invoking the NSA without authority as the state government had
not made out a case against him, a condition precedent for
passing such an order under the Act.
He accused the authorities of not providing the material
to Varun that formed the grounds for invoking the NSA.
The senior advocate also told the court that Varun was
shifted from one jail to another and according to media
reports this was done since there was a threat to his life.
"The entire attempt is a combined effort of the District
Magistrate of Pilibhit and Uttar Pradesh government to ensure
that he is not able to contest and campaign for general
elections scheduled for next month so as to sabotage his
electoral debut," the petition filed on behalf of Varun had
said.
The 29-year leader, who sought release from the jail,
said the detention order under NSA was passed with "political
motivation" without following the due procedure.
The petition sought quashing of the District Magistrate's
order invoking section 3(2) of NSA for allegedly making
inflammatory statements and causing a breach of public order
when he went to Pilibhit to surrender on March 28 in cases
registered against him for his communal speeches during the
campaign.
He alleged there was a breach of peace on the day of
surrender due to brutality and excesses by the police when he
was going to surrender. Varun alleged the detention order
under NSA was passed by the authority without going through
the original documents and CDs relating to his case. PTI
Thursday issued notices to the Uttar Pradesh Government and
the District Magistrate of Pilibhit for slapping the National
Security Act against Bharatiya Janata Party leader Varun
Gandhi in connection with his alleged hate speeches.
A Bench headed by Chief Justice K G Balakrishnan posted
the matter for hearing on April 13.
The apex court was told that the last date for filing the
nomination paper for Pilibhit Lok Sabha seat from where Varun
is contesting is April 16.
Senior advocate Mukul Rohatgi, appearing for Varun,
alleged that the District Magistrate has passed the order
invoking the NSA without authority as the state government had
not made out a case against him, a condition precedent for
passing such an order under the Act.
He accused the authorities of not providing the material
to Varun that formed the grounds for invoking the NSA.
The senior advocate also told the court that Varun was
shifted from one jail to another and according to media
reports this was done since there was a threat to his life.
"The entire attempt is a combined effort of the District
Magistrate of Pilibhit and Uttar Pradesh government to ensure
that he is not able to contest and campaign for general
elections scheduled for next month so as to sabotage his
electoral debut," the petition filed on behalf of Varun had
said.
The 29-year leader, who sought release from the jail,
said the detention order under NSA was passed with "political
motivation" without following the due procedure.
The petition sought quashing of the District Magistrate's
order invoking section 3(2) of NSA for allegedly making
inflammatory statements and causing a breach of public order
when he went to Pilibhit to surrender on March 28 in cases
registered against him for his communal speeches during the
campaign.
He alleged there was a breach of peace on the day of
surrender due to brutality and excesses by the police when he
was going to surrender. Varun alleged the detention order
under NSA was passed by the authority without going through
the original documents and CDs relating to his case. PTI