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Court throws out Varuns petition
Posted on: 27-03-2009 , 04:: | DY365 Bureau

The verdict was delivered by a Bench of Justices Imtiyaz Murtaza and S.C. Nigam.

In his petition moved in the court last week, Mr. Gandhi challenged the FIRs lodged by the Pilibhit police in the Barkhera and Hardoi police stations.

Mr. Gandhi claimed that the entire issue was fabricated by his political rivals to tarnish his image. He described it as a political conspiracy.

The police had filed three FIRs against him under Sections 153 –A (promoting enmity between two groups on ground of religion), 188 (showing disobedience to order duly promulgated by a public servant) and Section 125 of the Representation of the People Act (RPA), 1951.

The Election Commission, which prima facie found the charges true, also issued a notice to him.

Subsequently, the Commission ordered the video tracking of all his meetings and speeches and later advised the BJP not to give the ticket to Mr. Gandhi.

Mr. Gandhi later obtained anticipatory bail from the Delhi High Court and its period expires on Friday, March 27.

Since the CD containing Mr. Gandhi’s speech had been sent to the Forensic Science Laboratory, the police would await its report, sources in the DGP’s office here said.

PTI reports from Allahabad:

Mr. Gandhi’s counsel Gopal Chaturvedi said that “arrest is a matter of satisfaction of the investigating officer.”

The investigating officer “has to be satisfied that arrest is necessary. He doesn’t have to arrest merely because he has the power to arrest or it is a cognisable offence. He need not arrest at all. Mr. Gandhi is free to move anywhere in the country,” he said.

On the High Court order, he said: “The court was primarily of the view that since you have already approached one court for a similar relief, why should you approach the Allahabad High Court for the same relief.”


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