An apex court vacation bench judge recused himself on Monday from hearing BJP leader Subramanian Swamy's plea challenging a non-bailable warrant issued against him by an Assam court over his comments on mosques.
The apex court vacation bench of Justices R.K. Agrawal and Amitava Roy did not take up Swamy's plea as the former recused himself.
Swamy had said that mosques were not religious structures.
The court said that Swamy's plea would be listed on June 22 before another vacation bench.
The court said that nothing will happen till June 22, as senior counsel Ram Jethamalani asked: "In the meantime, what should the man do if there is an order that he be arrested and produced before the judge."
Refusing to pass any interim order, the vacation bench permitted Swamy to mention that matter before the Chief Justice H.L. Dattu.
Earlier on June 2, the apex court vacation bench refused to hear Swamy's plea on mentioning as it had asked him first complete all the formalities regarding the filing of the petition with the court's registry.
The vacation bench of Justice Prafulla C. Pant and Justice Amitava Roy June 2 had asked Swamy to first complete all the procedural requirements in the court's registry before mentioning the matter.
The Additional Chief Judicial Magistrate of Karimganj in Assam has asked police in Assam and Delhi to produce Swamy before it on or before June 30.
The case against Swamy before the Karimgang court relates to his March 2015 comments wherein he had said that mosques were just buildings with no religious sentiments attached to them and could be pulled down anytime.
During a programme in Guwahati, Swamy had also said that in Saudi Arabia, mosques, if required, are pulled down and built at other places.
Following a complaint, a case was registered against Swamy on charges of conspiracy and promoting enmity between different groups on grounds of religion.
