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Varun's reply: CDs doctored, DM acted on Maya behest

Varun's reply: CDs doctored, DM acted on Maya behest

Author: Maneesh Chhibber
Publication: The Indian Express
Date: May 09, 2009

The papers submitted by Varun Gandhi against the order of detention against him - under the National Security Act, 1980 - by the Mayavati government continued to argue that the inflammatory speeches alleged to have been made by him were "doctored and edited".

In his 11-page written submissions before the Advisory Board under the NSA, Varun dubbed the order issued by the Pilibhit District Magistrate (DM) as "wholly malafide" and aimed at furthering "the political carrier of the ruling party in the state". He also questioned the power of the DM to order his detention.

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 the 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.

When contacted, Varun's lawyer Rajan Karanjawala told The Indian Express that 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 the 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 forthwise.

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14 of the Act also empowers the government to order a fresh detention of the same person whose detention order had been revoked if "fresh facts" come to light after the date of revocation of the earlier order.


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