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U.P. justifies Varun’s detention

New Delhi: The Uttar Pradesh government on Saturday told the Supreme Court that the March 29 order of detention of Varun Gandhi under the National Security Act was passed to preserve the public order and for no other reason. The case comes up for further hearing on Monday.

The Pilibhit District Magistrate, in his response to Mr. Gandhi’s writ petition challenging his detention, said: “It has never been the intention to prohibit the petitioner from contesting and campaigning for the general election scheduled to be held on May 13.”

The counter said: “The speech, given by the petitioner [at an election meeting in Pilibhit], has created fear and insecurity in the Muslim community of the area. The meeting was addressed without the permission of the competent authority and knowingly that an order under Section 144 of the Cr.PC. and the model code of conduct are in force.”

The facts stated in the FIR were corroborated by the compact disc and the enquiry report. There was no requirement under the law to mention the period of detention in the order, and all the materials considered were supplied to the petitioner. “The detention order is not punitive but preventive in nature.”

The counter pointed out that there was a procedure provided under the NSA and the approval of the State government was necessary within 12 days of the passing of the detention order.

The order would not survive if detention was not approved.

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