Uttar Pradesh challenges nixing NSA against Varun (Lead)May 12th, 2009 - 9:18 pm ICT by IANS
New Delhi, May 12 (IANS) The Uttar Pradesh government Tuesday moved the Supreme Court challenging a court panel order nixing the invocation of the stringent National Security Act (NSA) against Bharatiya Janata Party’s (BJP) Varun Gandhi for his hate speeches against Muslims.
The state government challenged the May 8 decision of the state advisory board, a judicial forum constituted by the Allahabad High Court to examine the legality of invocation of NSA against Varun Gandhi, contending that “the board ignored various cogent reasons and evidence” for invocation of NSA.
“The advisory board has not applied its mind to the documents and submissions made by the district magistrate justifying the detention order,” contended the government in its petition filed through its advocate-on-record G.V. Rao.
The state government also questioned the advisory board’s rationale of issuing its order at a time when the apex court was already seized of the matter and Varun Gandhi’s lawsuit questioning his detention under NSA was listed for further hearing May 14.
“The advisory board has failed to appreciate that the question regarding the validity of the impugned detention order was sub-judice before this court. It is well within the knowledge of the advisory board that the matter was slated for further hearing on May 14 and the board had opportunity (time) till May 16 for making its recommendation,” said the state government.
“Despite this fact, the board has hurriedly decided the case,” said the state government’s lawsuit.
The state government also accused the board of denying the Pilibhit district magistrate an opportunity to have his say before it to justify his order for slapping NSA on Varun Gandhi.
The Uttar Pradesh government moved the apex court a day after Varun Gandhi filed a plea saying he would also like to be heard on the issue.
Varun Gandhi, who is contesting the Lok Sabha polls from Pilibhit in Uttar Pradesh, filed a caveat in the apex court’s registry. Pilibhit goes to the polls May 13.
The Uttar Pradesh Advisory Board, a judicial forum under the Allahabad High Court, had last week scrapped the state government’s March 28 decision to invoke NSA against Gandhi, saying that the step was too harsh.
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