In what could turn out to be an embarrassment for the United Progressive Alliance (UPA), the Supreme Court has issued a notice to the state government and to the Pilibhit Districty Magistrate or invoking National Security Act against BJP leader Varun Gandhi in connection with his alleged hate speeches.
A bench headed by Chief Justice K G Balakrishnan has posted the matter for hearing on April 13.
The Supreme Court notice assumes significance given that NSA was invoked even in the absence of any specific request from the state government, which had not made out any case against the 29-year-old BJP leader.
Senior advocate Mukul Rohatgi, who was appearing for Varun and who had brought this fact to the notice of the bench, added that a case by the state government is precedent for passing such an order under the Act.
The apex court was also told that the last date for filing the nomination paper for Pilibhit Lok Sabha seat from where Varun is contesting is April 16.
Rohtagi accused the authorities of not providing the material to Varun that formed the grounds for invoking the NSA.
The senior advocate also told the court that Varun was shifted from one jail to another and according to media reports this was done since there was a threat to his life.
"The entire attempt is a combined effort of the District Magistrate of Pilibhit and Uttar Pradesh government to ensure that he is not able to contest and campaign for general elections scheduled for next month so as to sabotage his electoral debut," the petition filed on behalf of Varun had said.
The 29-year leader, who sought release from the jail, said the detention order under NSA was passed with "political motivation" without following the due procedure.
The petition sought quashing of the District Magistrate's order invoking section 3(2) of NSA for allegedly making inflammatory statements and causing a breach of public order when he went to Pilibhit to surrender on March 28 in cases registered against him for his communal speeches during the campaign.
He alleged there was a breach of peace on the day of surrender due to brutality and excesses by the police when he was going to surrender. Varun alleged the detention order under NSA was passed by the authority without going through the original documents and CDs relating to his case.
