The Supreme Court on Thursday issued notices to the Uttar Pradesh Government and the District Magistrate of Pilibhit for slapping the National Security Act against BJP leader Varun Gandhi in connection with his alleged hate speeches.
A bench headed by Chief Justice K G Balakrishnan posted the matter for hearing on April 13.
The apex court was told that the last date for filing the nomination paper for Pilibhit Lok Sabha seat from where Varun is contesting is April 16.
Senior advocate Mukul Rohatgi, appearing for Varun, alleged that the District Magistrate has passed the order invoking the NSA without authority as the state government had not made out a case against him, a condition precedent for passing such an order under the Act.
He accused the authorities of not providing the material to Varun that formed the grounds for invoking the NSA. The senior advocate also told the court that Varun was shifted from one jail to another and according to media reports this was done since there was a threat to his life.
"The entire attempt is a combined effort of the District Magistrate of Pilibhit and Uttar Pradesh government to ensure that he is not able to contest and campaign for general elections scheduled for next month so as to sabotage his electoral debut," the petition filed on behalf of Varun had said.
The 29-year leader, who sought release from the jail, said the detention order under NSA was passed with "political motivation" without following the due procedure.
The petition sought quashing of the District Magistrate's order invoking section 3(2) of NSA for allegedly making inflammatory statements and causing a breach of public order when he went to Pilibhit to surrender on March 28 in cases registered against him for his communal speeches during the campaign.
He alleged there was a breach of peace on the day of surrender due to brutality and excesses by the police when he was going to surrender. Varun alleged the detention order under NSA was passed by the authority without going through the original documents and CDs relating to his case.