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Mayawati Govt did't apply mind for slapping NSA on Varun

Mayawati Govt did't apply mind for slapping NSA on Varun

Author: PTI
Publication: The Pioneer
Date: May 13, 2009
URL: http://www.dailypioneer.com/175641/Mayawati-Govt-didt-apply-mind-for-slapping-NSA-on-Varun.html

The Mayawati Government in Uttar Pradesh did not apply its mind and violated cannons of natural justice in invoking National Security Act on BJP leader Varun Gandhi raising a question of bias, says the State advisory board which struck down the NSA against him.

The Board said "there was non-application of mind and breach of rules of natural justice" by the authorities which raises a question of "bias" and "legal malafides" for invoking NSA against the 29-year-old BJP leader who was not supplied with the copy of the order and material, including the CD of the alleged hate speeches which were the basis for taking stringent action.

"The detention order stands vitiated due to non-application of mind and breach of rules of natural justice and acting fairly on the part of detaining authority and also due to the contravention of the provisions of Article 22 (5) of the Constitution by denial of the right of the detenu (Varun) to make representation against the impugned detention order," the three-member Board headed by senior Allahabad High Court judge Pradeep Kant said.

The Board, also comprising retired Justices Srinath Sahay and PK Sarin, which held that there was "no sufficient cause for detention of Varun", said the two FIRs lodged at the behest of the District Magistrate of Pilbhit for alleged inflammatory speeches of BJP leader on March 7 and 8 were not based on the personal knowledge of the informant. The Board was critical that the Pilbhit District Magistrate, who lodged the FIRs accusing Varun of disturbing the public order, passed the detention order under NSA.

"The District Magistrate is passing the detention order has relied and acted upon the allegations made in the FIRs which were lodged by District Magistrate. In other words, District Magistrate has used his own FIRs and allegations made therein for the purpose of arriving at his subjective satisfaction in the case.

"The subjective satisfaction of the District Magistrate in the present case would be vitiated by reason of the fact that the FIRs in two cases were lodged by the District Magistrate and impugned detention order was passed by the District Magistrate," the order said adding "it raises a question of bias and legal malafides".

The Board noted that the report of the local intelligence unit and the CD of the public speeches were neither placed on record nor were supplied to Varun, which was on contravention of law.

"All these material have not been placed on record and do not seem to have been placed before the detaining authority for consideration before passing the detention order in question," it said and held that "all the material, which have been relied ...In support of the alleged speech given by Varun on March 8 do not have probative value".

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