Author: PTI
Publication: The Pioneer
Date: May 13, 2009
URL: http://www.dailypioneer.com/175641/Mayawati-Govt-didt-apply-mind-for-slapping-NSA-on-Varun.html
The Mayawati Government in Uttar Pradesh did
not apply its mind and violated cannons of natural justice in invoking National
Security Act on BJP leader Varun Gandhi raising a question of bias, says the
State advisory board which struck down the NSA against him.
The Board said "there was non-application
of mind and breach of rules of natural justice" by the authorities which
raises a question of "bias" and "legal malafides" for
invoking NSA against the 29-year-old BJP leader who was not supplied with
the copy of the order and material, including the CD of the alleged hate speeches
which were the basis for taking stringent action.
"The detention order stands vitiated
due to non-application of mind and breach of rules of natural justice and
acting fairly on the part of detaining authority and also due to the contravention
of the provisions of Article 22 (5) of the Constitution by denial of the right
of the detenu (Varun) to make representation against the impugned detention
order," the three-member Board headed by senior Allahabad High Court
judge Pradeep Kant said.
The Board, also comprising retired Justices
Srinath Sahay and PK Sarin, which held that there was "no sufficient
cause for detention of Varun", said the two FIRs lodged at the behest
of the District Magistrate of Pilbhit for alleged inflammatory speeches of
BJP leader on March 7 and 8 were not based on the personal knowledge of the
informant. The Board was critical that the Pilbhit District Magistrate, who
lodged the FIRs accusing Varun of disturbing the public order, passed the
detention order under NSA.
"The District Magistrate is passing the
detention order has relied and acted upon the allegations made in the FIRs
which were lodged by District Magistrate. In other words, District Magistrate
has used his own FIRs and allegations made therein for the purpose of arriving
at his subjective satisfaction in the case.
"The subjective satisfaction of the District
Magistrate in the present case would be vitiated by reason of the fact that
the FIRs in two cases were lodged by the District Magistrate and impugned
detention order was passed by the District Magistrate," the order said
adding "it raises a question of bias and legal malafides".
The Board noted that the report of the local
intelligence unit and the CD of the public speeches were neither placed on
record nor were supplied to Varun, which was on contravention of law.
"All these material have not been placed
on record and do not seem to have been placed before the detaining authority
for consideration before passing the detention order in question," it
said and held that "all the material, which have been relied ...In support
of the alleged speech given by Varun on March 8 do not have probative value".
