Advisory Board revoke NSA against Varun
Advisory board of Allahabad High Court on Friday revoked the National Security Act(NSA) against BJP candidate from Pilibhit Varun Gandhi.The advisory board headed by Justice Pradeep Kant of the Allahabad High Court gave the decision in this regard.'The Uttar Pradesh government has received the order in this regard this evening,' a senior home department official conformed it to a news agency.The advisory board had heard the matter on 29th April last and had reserved the judgement.The Board said it did not find "plausible and convincing" grounds for the NSA being invoked against Varun nor was it satisfied by the explanation given by the Pilibhit DM.FIRs were registered against Varun for allegedly delivering inflammatory speeches in Dalchand locality of Pilibhit, about 300 km from Lucknow on 7th March and in Barkheda village on 8th March.After surrendering in Pilibhit on 28th March when his supporters clashed with the police, the state government invoked NSA.
Mercy appeal filed by Varun eleven page written tstaments submitted before the Advisory Board under the NSA, Varun said the order issued by the Pilibhit District Magistrate (DM) as “wholly malafide” and aimed at furthering “the political career of the ruling party in the state”. Further he also questioned the power of the DM to order his detention.NSA Act first time imposed on the political campaign to contesting candidates in which the saffron Varun couldn’t be represented by any lawyer before the Board thereforeleft to his aunt, Ambika Shukla, to plead his case during the proceedings.
In lieu of 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. In such sensitive Act, argued Varun, the DM had to apply his mind “independently” about the charges. Varun reply said 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.
Uttar Pradesh Government decides to challenge the state advisory board order revoking National Security Act against Varun Gandhi in Supreme Court. Earlier the board in its order said that there is no sufficient evidence against Varun for slapping NSA against him. On 16th April, the Supreme Court granted him parole till 1st May, which was later extended till 14th May.Gandhi is contesting as BJP candidate from Pilibhit parliamentary contituency, which is going to polls on the fifth and last phase on 13th May.
Mercy appeal filed by Varun eleven page written tstaments submitted before the Advisory Board under the NSA, Varun said the order issued by the Pilibhit District Magistrate (DM) as “wholly malafide” and aimed at furthering “the political career of the ruling party in the state”. Further he also questioned the power of the DM to order his detention.NSA Act first time imposed on the political campaign to contesting candidates in which the saffron Varun couldn’t be represented by any lawyer before the Board thereforeleft to his aunt, Ambika Shukla, to plead his case during the proceedings.
In lieu of 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. In such sensitive Act, argued Varun, the DM had to apply his mind “independently” about the charges. Varun reply said 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.
Uttar Pradesh Government decides to challenge the state advisory board order revoking National Security Act against Varun Gandhi in Supreme Court. Earlier the board in its order said that there is no sufficient evidence against Varun for slapping NSA against him. On 16th April, the Supreme Court granted him parole till 1st May, which was later extended till 14th May.Gandhi is contesting as BJP candidate from Pilibhit parliamentary contituency, which is going to polls on the fifth and last phase on 13th May.
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