New Delhi: BJP leader Varun Gandhi’s political career plunged into deeper trouble on Sunday night with the Uttar Pradesh government deciding to book him under the National Security Act (NSA) for inciting communal tensions which may result in him being under detention for upto one year.
In an unprecedented action of NSA being slapped for a hate speech, Varun, who is in the eye of a storm for his alleged anti-Muslim utterances, the Mayawati government said there were three grounds which were taken into consideration by the state government for the decision.
"An order issued hy Pilibhit district magistrate Ajay Chauhan invoking NSA on the BJP nominee this evening has been served to Gandhi, who is currently lodged in the district jail," Additional Cabinet Secretary Vijay Shanker Pandey said.
Senior Supreme Court lawyer KTS Tulsi said, " It seems he will have to stay in jail may be even for a year or more because the government is clearly worried about the implications that it could have in the rest of the country.
However, NSA cannot debar a person from contesting elections. Even if one is detained, he can make a representation against the order, which goes to an advisory committee, the chairman of which is normally a sitting judge of a High Court.
The committee and the state government can revoke the order. Varun can go to the HC and file a write petition and the HC has powers to stay the order or quash it.
Varun's lawyers are expected to file a writ petition in Allahabad High Court on Monday.
Varun, who is accused of making communal speeches in Pilibhit, Uttar Pradesh, and endangering communal harmony, has also been charged with attempt to murder.
The Uttar Pradesh Police filed a fresh FIR against Varun and 13 others for the clashes in Pilibhit on Saturday during the BJP leader’s march to a court.
The fresh charges include rioting, voluntarily causing hurt to deter public servant from his duty and disobedience to order duly promulgated by a public servant.
A FIR has also been filed against BJP leader Kalraj Mishra, who is in charge of the party’s election cell in UP, and BJP MLA VK Gupta for “disobedience to order duly promulgated by public servant”.
A Pilibhit court sent Varun to jail until Monday for allegedly making hate speeches amid clashes between party workers and the police on Saturday.
Varun courted controversy after his speeches, which had derogatory references to Muslims, gained media attention. Varun however, maintains that the speeches, whose recorded copies were aired repeatedly on television, were doctored.
Meanwhile, the Election Commission came down heavily on him and suggested that he should not be fielded as a candidate in the Lok Sabha elections. The BJP refused to do so and questioned the Election Commission's jurisdiction to suggest that.
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