Author: Maneesh Chhibber
Publication: The Indian Express
Date: May 09, 2009
The papers submitted by Varun Gandhi against
the order of detention against him - under the National Security Act, 1980
- by the Mayavati government continued to argue that the inflammatory speeches
alleged to have been made by him were "doctored and edited".
In his 11-page written submissions before
the Advisory Board under the NSA, Varun dubbed the order issued by the Pilibhit
District Magistrate (DM) as "wholly malafide" and aimed at furthering
"the political carrier of the ruling party in the state". He also
questioned the power of the DM to order his detention.
Under the Act, Varun couldn't be represented
by any lawyer before the Board and it was left to his aunt, Ambika Shukla,
to assist him during the proceedings.
Apart from the putting a question mark on
the reasons given by the DM for invoking the NSA against him, Varun also pointed
out that the order was passed by the DM after conferring with the state government
and seeking its directions. Under the Act, argued Varun, the DM had to apply
his mind "independently" about the charges.
Varun's reply also claims that documents relating
to the order had been overwritten.
When contacted, Varun's lawyer Rajan Karanjawala
told The Indian Express that after the Board's order, the state government
has no other option but to revoke the DM's Order.
Section 12 of the NSA, 1980, says that in
the case the Advisory Board rules that there is no sufficient cause for the
detention of a person, the government shall revoke the order and allow the
person concerned to be released forthwise.
However, Section 14 of the Act also empowers
the government to order a fresh detention of the same person whose detention
order had been revoked if "fresh facts" come to light after the
date of revocation of the earlier order.
