Varun’s trump card: DM colluded with Maya,didn’t act ‘independently’

Under the Act,Varun couldn’t be represented by any lawyer before the Board and it was left to his aunt,Ambika Shukla,to assist him during the proceedings.

Apart from putting a question mark on the reasons given by the DM for invoking the NSA against him,Varun also pointed out that the order was passed by the DM after conferring with the state government and seeking its directions. Under the Act,argued Varun,the DM had to apply his mind “independently” about the charges. Varun’s reply also claims that documents relating to the order had been overwritten. Varun’s lawyer Rajan Karanjawala said after the Board’s order,the state government has no other option but to revoke the DM’s order.

Section 12 of the NSA,1980,says that in case the Advisory Board rules that there is no sufficient cause for the detention of a person,the government shall revoke the order and allow the person concerned to be released forthwith. However,Section 14 of the Act also empowers the government to order a fresh detention of the same person whose detention order had been revoked if “fresh facts” come to light after the date of revocation of the earlier order.