Author: Express News Service
Publication: The Indian Express
Date: May 9, 2009
URL: http://www.indianexpress.com/news/in-snub-to-maya-court-panel-says-cant-slap-nsa-on-varun/456711/0
His Hate Speech: Order invalid, says board;
state plans to raise matter with SC
In an embarrassment to UP Chief Minister Mayawati
a day after she again justified her government's decision to invoke the National
Security Act against BJP's Pilibhit candidate Varun Gandhi over his alleged
hate-speeches against Muslims, an advisory board of the Allahabad High Court
recommended revocation of the order, saying the use of the Act against Gandhi
was incorrect and invalid.
The advisory board's recommendation is binding
on the state government but it plans to raise it in the Supreme Court where
Gandhi's case is still under consideration.
Reacting to the advisory board's decision,
BJP general secretary Arun Jaitley said: "The UP government invoked the
NSA against Varun and the UPA government refused to revoke it. This was evidence
of votebank politics. It (the board decision) is a major embarrassment for
the UP government and Central government. It vindicates the position of the
BJP."
On its part, the Uttar Pradesh government
has decided to move the Supreme Court. Giving this information, a State Home
Department spokesman said the District Magistrate, Pilibhit, had asked for
time to present his case before the Advisory Board. But he was not given time
to plead his case. He said the Board has given its opinion without considering
all the facts, which was totally unjustified. The case of Varun Gandhi was
still under the consideration of the Supreme Court. So a decision had been
taken to file a petition in the Supreme Court against the advice of the Advisory
Board, he said.
Gandhi was granted parole by the Supreme Court
for two weeks in April which was later extended till May 14. On April 28,
he had moved the advisory board against the NSA order. The board is headed
by Justice Pradeep Kant, senior High Court judge, and has two retired High
Court judges S K Sahay and P K Sareen. In his representation, Gandhi claimed
that the UP government invoked the NSA against him out of "political
vendetta".
He was booked under the NSA on March 29 for
allegedly making communal speeches in Pilibhit and inciting supporters to
riot on March 28 when he went to surrender before a Pilibhit court. Gandhi
spent 20 days in jail before the Supreme Court granted him parole.
