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Varun out on parole
UP govt opposes SC move citing ’92 Ayodhya incident
R Sedhuraman
Legal Correspondent

New Delhi, April 16
Nineteen days after his arrest on the charges of making inflammatory speeches, the Supreme Court today ordered the release of BJP’s Pilibhit nominee Varun Gandhi on parole for two weeks.

On its part, the Mayawati government (in Uttar Pradesh) told the apex court that it was strongly opposed to releasing Varun on parole on the basis of his assurance that he would not deliver any hate speeches again.

“If there is a problem tomorrow, we don't want to be blamed,” senior counsel Harish Salve, appearing for UP, argued before a Bench headed by Chief Justice KG Balakrishnan, minutes before the apex court ordered Varun's release.

Citing the demolition of Babri Masjid at Ayodhya in 1992 despite an assurance given to the Supreme Court by the then BJP government headed by Kalyan Singh, Salve said the state apprehended threat to public order if the young BJP candidate from Pilibhit was let out.

"We know what these (BJP) people are up to," the UP counsel said. But once it became clear that the Bench, which also included Justice P Sathasivam, had made up its mind to facilitate his release, he said Varun should keep the state government informed about his movements and activities. "I have placed my points of view. You can pass any order," he said, making it clear that the state could not be held responsible for the consequences.

Varun was taken into custody at Pilibhit, his Lok Sabha constituency, on March 28, upon his surrender in the light of a criminal case registered against him for his reported inflammatory speeches on March 7 and 8. The provisions of the dreaded National Security Act (NSA) were slapped on him following the law and order problem that had cropped up shortly after his surrender. Two days later, he was shifted to the Etah jail in the state. Before issuing the release order, the court agreed with the contention of Salve that the undertaking given by Varun was inadequate as it did not refer to the main allegations against him.

Senior counsel Mukul Rohtagi, appearing for Varun, said his client could file another affidavit to the satisfaction of the court. Upon this, the court ordered his release on providing a bond for Rs 50,000 and two sureties. The court slated the next hearing for May 1. Nominations for the Pilibhit Lok Sabha seat opens tomorrow.