UP takes Varun to SC

NEW DELHI: Mayawati-led Uttar Pradesh government on Tuesday moved the Supreme Court challenging revocation of the National Security Act (NSA) against BJP Leader Varun Gandhi in connection with his alleged hate speech. The UP advisory board had said that it had not found ���plausible and convincing��� grounds for invocation of the stringent provision of NSA against the BJP leader.

The state government, in its petition said, the decision of the board was ���perverse in law���, as it passed the order without offering the Pilibhit district magistrate a hearing.

���The advisory board failed to perform its legal obligation by not affording the opportunity of personal hearing to the district magistrate despite his repeated request made in this regard,��� it said. The government said the district magistrate of Pilibhit could not appear before the advisory board when it heard Varun on April 28 as the date coincided with the date fixed by EC for allotment of symbols to the candidates for LS Elections. ���Therefore the DM could not get an opportunity to defend the same and as such order of advisory board is against the principles of natural justice,��� it said.

The three-member Uttar Pradesh Advisory Board (Detentions) headed by senior judge of the Lucknow bench of Allahabad High Court, Justice Pradeep Kant, on May 8 had told the state government that ���there is no sufficient ground to detain Varun under NSA and directed revocation of detention order of March 29���.

The government assailed the advisory board decision upholding Varun���s contention that the district magistrate has not recorded any findings in the grounds of detention that the same kind of speech would continue to be made by him. The non-supply of the copy of the order of detention and other materials including the CDs of the speech to the BJP leader was also considered by the board for revocation of NSA against him which was opposed by the state government.

���The non-supply of CD to Varun does not affect the case in any way,��� it said and added that ���as per the provisions of section 3 of NSA it is not necessary for the state government to furnish a copy of the order passed under section 3 (3) authorising DM to exercise the power under sub-section (2) of section 3 of the Act���.