The Uttar Pradesh government on Tuesday moved the Supreme Court challenging advisory board's decision of revoking charges against BJP leader Varun Gandhi under the stringent NSA for his alleged hate speeches. The advisiory board on May 8 had held that it neither found "plausible and convincing" grounds for the National Security Act being invoked against Varun nor was it satisfied by the explanation given by the Pilibhit District Magistrate. 29-year-old Varun,who is BJP's Lok Sabha candidate from Pilibhit,is currently on parole following a Supreme Court order after remaining in jail for nearly three weeks. He was released from Etah jail on April 16. His parole expires on May 14. Varun was let off by a three-member Advisory board headed by senior judge of the Lucknow bench of Allahabad High Court Justice Pradeep Kant which went into the maintainability of Varun's detention by the UP government under the NSA imposed on March 29. Varun is currently on parole following a Supreme Court order after remaining in jail for nearly three weeks. He was released from Etah jail on April 16. The BJP leader,whose maiden poll foray would be tested tomorrow,was granted interim bail on stringent conditions till May 1 which was extended till May 14. The three-member U.P 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 UP Government assailed the Advisory Board decision upholding Varun's cotention 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 the 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 the DM to exercise the power under sub-section (2) of section 3 of the Act". The UP government said the Board was legally bound to to make its recommendation on the basis of the recorded material provided to it as under the law it has no power to add or supplement the material and contentions. Further,it said that "the Board failed to appreciate that the copies of the documents which are not basis of detention order,need not be supplied to the detenue". It contended that the Board failed to appreciate that Varun violated the prohibitory order promulgated by the District Magistrate under section 144 of Criminal Procedure Code (CrPC) and as such the revocation of NSA against him was "perverse" in law.
