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Modi speech was a response to Sonia campaign: Gujarat

Legal Correspondent

New Delhi: Chief Minister Narendra Modi’s speech on terrorism was a political reply to the speech made by Congress president Sonia Gandhi during an election campaign, the Gujarat government told the Supreme Court on Wednesday.

In its reply to a contempt notice, issued in December 2007, on Rubabuddin’s application against the Chief Minister’s speech allegedly justifying the encounter killing of his brother, Sohrabuddin Sheikh, in November 2005, the State said, “there was no intention to justify the fake encounter” and “Mr. Modi was making comments about terrorism, if the total speech is taken into account.”

A Bench consisting of Justices Tarun Chatterjee and Aftab Alam adjourned the hearing to July 29.

Rubabuddin alleged that Mr. Modi’s speech would completely change the complexion of the trial in the State. Expressing an apprehension that a free and fair trial might not be possible in the surcharged atmosphere, he demanded that it be transferred outside Gujarat.

“No contempt”

The State said the petitioner’s averment, based on Mr. Modi’s political speech, was imaginary, defamatory and malicious. The Chief Minister had not done anything “which lowers the authority of any court, has not done anything to cause prejudice and interference in respect of any judicial proceedings or obstruct the administration of justice in any manner.”

It said the alleged speech, “does not fall within the mischief of Contempt of Court Act. The said speech was blown out of proportion and projected by the Opposition and the media to their advantage. There is nothing on record or otherwise to substantiate the allegations.”

The State said Rubabuddin and his brothers were aware that Sohrabuddin was wanted by the police and also of his movements and activities.

In his petitions, Rubabuddin had not said Sohrabuddin was a terrorist and involved in serious offences and deliberately projected him an innocent person.

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