Author: Agencies
Publication: ExpressIndia.com
Date: May 14, 2009
URL: http://www.expressindia.com/latest-news/After-SC-verdict-embarrassed-Maya-drops-NSA-against-Varun/459008/
An embarrassed Mayawati government revoked
its detention order under NSA against Varun Gandhi for his alleged hate speeches
following a direction from the Supreme Court which made known its disapproval
of the grounds for booking him.
"Following the Supreme Court order, the
state government has revoked NSA against Varun Gandhi", a senior government
official said in Lucknow.
The UP government's move came within hours
of the Supreme Court directing it to "forthwith withdraw" the detention
order slapped on Varun on March 29.
29-year-old Varun was charged with inciting
communal passion by making provocative and inflammatory speeches during elections
meetings in Pilibhit on March seven and eight. He was lodged in Etah jail
and has been on parole since April 16.
A bench headed by Chief Justice K G Balakrishnan
disposed of the petition filed by Varun challenging the imposition of the
NSA as well as the application filed by the Uttar Pradesh government seeking
setting aside the decision of the State Advisory Board recommending revocation
of the stringent law against him.
The apex court took exception to the submission
made by the state government that the District Magistrate (DM) of Pilibhit
could not be heard and only the Additional District Magistrate (ADM) was present
before the Advisory Board during the hearing.
"This cannot be a ground to challenge
the decision of the Advisory Board. The ADM was present. He must have been
instructed by the DM," the bench observed when UP Advocate General Jyotindra
Mishra contended that the DM was not heard by the Advisory Board.
The Court said notice was given fixing the
date for hearing before the Advisory Board and the authority should have been
present to put forth its views. "Why you were not present?" it asked.
After the Bench, also comprising Justices
P Sathasivam and Deepak Verma passed the order, the BJP leader's counsel and
senior advocate Mukul Rohtagi did not press for the second petition seeking
damages of Rs 10 lakh from the UP government.
UP Home department officials said while the
NSA detention order has been withdrawn, other cases pending against Varun
were being pursued and law would take its own course.
The apex court was critical of the UP Government
approaching it with an application against the decision of the State Advisory
Board which had not found sufficient ground for invocation of NSA against
Varun.
Varun's counsel said that the provisions of
the law clearly said that the case will be revoked upon the recommendation
of the Advisory Board
The three-member U.P Advisory Board (Detentions)
headed by senior judge of the Lucknow bench of Allahabad High Court Justice
Pradeep Kant had on May 8 told the state government that "there is no
sufficient ground to detain Varun under NSA and directed revocation of detention
order of March 29.
Welcoming the Supreme Court order, BJP said
invocation of NSA was an "act of vendetta" on the part of BSP and
the Congress.
Congress spokesperson Rajiv Shukla said the
episode will not help Varun as "the BJP leadership will ultimately dump
him."
Another Congress leader Satyavrat Chaturvedi
said the young leader will turn out to be more of a "liability"
and not an asset for the BJP.
