Justice R D Khare passed the order, fixing November 20 as the next date of hearing, on the application of Rai who represents Pindra assembly segment and is in jail since October 7 when he was arrested in connection with the violence that had rocked the ancient temple town two days earlier during which several persons including agitators and policemen were injured and over a dozen vehicles set afire. Violence had erupted during a "Pratikar" (retaliation) rally called by supporters of one Swami Avimukteswarananda, who was lathi charged by police on the intervening night of September 22 and 23 during the immersion of idols of Lord Ganesha in the Ganga.
Charges have been brought against him in the FIR under IPC sections relating to dacoity, unlawful assembly, obstructing public servants in discharge of their duty and damage to public property.
Congress has condemned the invoking of NSA against Rai who, incidentally, was the party's candidate from Varanasi Lok Sabha constituency in the general elections held last year.
Rai's petition challenging Prime Minister Narendra Modi's election from the seat is also pending before the High Court.
Having started his political career in 1990s as a BJP MLA, Rai quit the party in 2009 after being refused a ticket in the Lok Sabha polls that year which he fought as a candidate of Samajwadi Party.