New Delhi, June 27: The Delhi High Court on Thursday issued a notice to the Gujarat Government for initiating criminal action against journalist and political psychologist Ashish Nandy.

Nandy had challenged an FIR filed against him by the Ahmedabad Police on May 30, accusing him of “promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc”.

The reaction from the state Government was triggered by a news article “critically analysing the outcome of the Gujarat Legislative election held in December 2007” and its impact on the “social, political and cultural condition of the state of Gujarat”.

In his petition before Justice S L Bhayana of the High Court, Nandy blamed an “unhappy and annoyed” Narendra Modi Government for giving the police permission to register the FIR at Satellite Police Station in Ahmedabad (rural) district under sections 153 A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language) and 153 B (imputations, assertions prejudicial to national integration) of the IPC.

Nandy alleged both offences were non-bailable, and prescribe a punishment of three years, fine or both.

Arguing for the writer, advocate Gaurang Kanth submitted that the FIR was devoid of essential ingredients to make even a prima facie case under the relevant provisions of law.

“The FIR was registered out of malafide intention and oblique motive and to penalise and deprive Nandy to express his sincere and bonafide views and to unconstitutionally curb the fundamental rights provided under Article 19(1) (a) (freedom of speech) of the Constitution of India,” Kanth argued.

Categorising the article as an expression of the author’s “personal views”, the counsel said there was “no intention or motive to promote enmity between the two communities or disturb the peace and tranquillity of Gujarat”. The state Government has been directed to respond to the petition by October 3, 2008.