SC to hear Varun's plea against slapping of NSA

New Delhi, Apr 12 (PTI) The Supreme Court India will
hear Monday a petition filed by Bharatiya Janata Party
candidate from Pilibhit Varun Gandhi challenging the slapping
of National Security Act (NSA) by the Uttar Pradesh Government
against him for his alleged hate speeches.

The matter will be heard by a bench headed by Chief
Justice K G Balakrishnan, which on April 2 had issued notices
to the state government and the District Magistrate of
Pilibhit on the allegation by Varun that NSA was invoked
against him with a political motive to sabotage his electoral
debut.

However, the Uttar Pradesh government has refuted the
allegations of the 29-year-old BJP leader, saying NSA was
invoked against him for his communal speeches and the chaos
created by him while surrendering before a court in Pilibhit
in in connection with the cases registered against him.

In its 35-page response to the notice issued by the
apex court, the state government said the inflammatory
statement by Varun and the manner in which he surrendered on
March 28 amounted to breach of public order, warranting
invocation of the NSA against him.

Varun has challenged his detention under NSA for his
alleged hate speeches in Pilibhit last month. He was taken to
the Pilibhit district jail and later shifted to Etah jail for
security reasons.

Varun has claimed that the District Magistrate passed the
order of invoking NSA without any authority and he was not
supplied with the material which formed the basis for such an
action.

However, the state government contended that there was
no need for the authority to supply entire material, including
the CDs of the speeches and events, relating to Varun's
surrender for booking him under NSA.

It denied the allegation that NSA was imposed against him
with any political motive or to sabotage his electoral debut.

The petition filed on behalf of Varun says that "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 so as
to sabotage his electoral debut."

The BJP leader has 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.

Varun has also alleged that he was detained under NSA as
there was apprehension to Uttar Pradesh government that he
will be released on bail in the cases registered against him
for the hate speeches.

He claimed that there was a breach of peace on the day of
his surrender due to brutality and excesses by the police. PTI
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