Mayawati govt drops NSA detention order against Varun Gandhi

Lucknow/New Delhi, May 14 (PTI) An embarrassed Mayawati
government Thursday revoked its detention order under National
Security Act against Varun Gandhi for his alleged hate
speeches following a direction from the Supreme Court of India
which made known its disapproval of the grounds for booking
him.

"Following the Supreme Court order, the state
government has revoked NSA against Varun Gandhi", a senior
government official said in Lucknow.

The UP government's move came within hours of the
Supreme Court directing it to "forthwith withdraw" the
detention order slapped on Varun on March 29.

29-year-old Varun was charged with inciting communal
passion by making provocative and inflammatory speeches during
elections meetings in Pilibhit on March seven and eight. He
was lodged in Etah jail and has been on parole since April 16.

A bench headed by Chief Justice K G Balakrishnan
disposed of the petition filed by Varun challenging the
imposition of the NSA as well as the application filed by the
Uttar Pradesh government seeking setting aside the decision of
the State Advisory Board recommending revocation of the
stringent law against him.

The apex court took exception to the submission made
by the state government that the District Magistrate (DM) of
Pilibhit could not be heard and only the Additional District
Magistrate (ADM) was present before the Advisory Board during
the hearing.

"This cannot be a ground to challenge the decision of
the Advisory Board. The ADM was present. He must have been
instructed by the DM," the bench observed when UP Advocate
General Jyotindra Mishra contended that the DM was not heard
by the Advisory Board.

The Court said notice was given fixing the date for
hearing before the Advisory Board and the authority should
have been present to put forth its views. "Why you were not
present ? it asked.

After the Bench, also comprising Justices P
Sathasivam and Deepak Verma passed the order, the BJP leader's
counsel and senior advocate Mukul Rohtagi did not press for
the second petition seeking damages of Rs 10 lakh from the UP
government.

UP Home department officials said while the NSA
detention order has been withdrawn, other cases pending
against Varun were being pursued and law would take its own
course.

The apex court was critical of the UP Government
approaching it with an application against the decision of the
State Advisory Board which had not found sufficient ground for
invocation of NSA against Varun.

Varun's counsel said that the provisions of the law
clearly said that the case will be revoked upon the
recommendation of the Advisory Board.

The three-member U.P Advisory Board (Detentions)
headed by senior judge of the Lucknow bench of Allahabad High
Court Justice Pradeep Kant had on May 8 told the state
government that "there is no sufficient ground to detain Varun
under NSA and directed revocation of detention order of March
29.

Welcoming the Supreme Court order, Bharatiya Janata
Party (BJP) said invocation of NSA was an "act of vendetta" on
the part of BSP and the Congress.

Congress spokesperson Rajiv Shukla said the episode
will not help Varun as "the BJP leadership will ultimately
dump him."

Another Congress leader Satyavrat Chaturvedi said the
young leader will turn out to be more of a "liability" and not
an asset for the BJP. PTI Team
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