The Hindu : National : U.P. moves Supreme Court on Varun issue

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Wednesday, May 13, 2009
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U.P. moves Supreme Court on Varun issue

J. Venkatesan

Says Board recommendation is against the provisions of law

New Delhi: The Uttar Pradesh government on Tuesday challenged in the Supreme Court the recommendation of the State Advisory Board of the Allahabad High Court to revoke the slapping of the National Security Act on the BJP’s Pilibhit candidate, Varun Gandhi, for his alleged hate speeches.

Acting on Mr. Gandhi’s writ petition that challenged his preventive detention, the Supreme Court granted him parole till May 14, when the case comes up for further hearing.

The State government has filed the present application in the same writ petition.

By its May 8 order, the Board held that it neither found plausible and convincing the grounds for invoking the NSA against Mr. Gandhi, nor was it satisfied with the explanation given by the District Magistrate (DM) for passing the detention order dated March 29.

It said: “The detention order stands vitiated by the failure to place the CD for consideration of the detaining authority and to furnish the same to the detenu for making an effective representation. The detention order stands vitiated by non-application of mind and breach of rules of natural justice and fair play.”

Assailing the order, the State said the Board’s recommendation was against the provisions of law.

It said the finding that the DM had not recorded in his grounds for detention that the same kind of speech would continue to be made by the detenu was against the provisions of law and facts. The Board failed to appreciate the fact that the DM had not based his subjective satisfaction on a perusal of the CD and, therefore, non-supply of the CD would not affect the case in any way, the State said.

Also, the Board wrongly dealt with the merits of the criminal cases instituted against Mr. Gandhi. It was not competent to go through the merits of a criminal case on the basis of which the detention order was passed, the application said.

The Board’s finding that the District Magistrate failed to substantiate the charge that Mr. Gandhi had violated the ban order under Section 144 of the Cr.PC was perverse in law.

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