SC tells UP to revoke NSA against Varun

NEW DELHI: In a reprieve to BJP leader Varun Gandhi, the Supreme Court on Thursday directed Mayawati-led UP government to immediately drop the charges of the National Security Act (NSA) against him in connection with the alleged hate speech. ���The state government shall forthwith withdraw the detention order against Varun Gandhi under NSA,��� said bench comprising Chief Justice K G Balakrishnan, Justice P Sathasivam and Justice Deepak Verma.

The court was also critical of the state government���s move challenging the decision of the UP Advisory Board which had not found sufficient ground for invocation of NSA against Mr Gandhi. The government had challenged the order of the board in the apex court. ���This cannot be a ground to challenge the decision of the advisory board. ADM was present. He must have been instructed by DM,��� said court when UP Advocate General Jyotindra Mishra submitted that DM of Pilibhit was not heard by the advisory board while passing the order.

The court also questioned the plea of state government which said that Pilibhit DM was not be heard and only ADM was present before the advisory board during the hearing.

���Why you were not present,��� asked the court. It said, the notice was given, fixing the date for hearing before the advisory board, and the authority should have been present to put forth its views. Satisfied with the order, Mr Gandhi���s counsel and senior advocate Mukul Rohtagi did not press the plea seeking an exemplary damage of Rs 10 lakh from the Uttar Pradesh government for causing mental agony to the BJP leader.

The court disposed of the petition filed by Varun Gandhi challenging the imposition of NSA as well as the application filed by the state government challenging decision of the advisory board recommending revocation of the stringent law against him. The three-member UP 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.