Delhi HC grants anticipatory bail to Varun Gandhi

Varun Gandhi on Friday, got reprieve from the Delhi High Court which granted him anticipatory bail following allegations of making communal speeches but his party, BJP told the Election Commission that it "completely" disapproved the contents of a CD containing the controversial remarks and cannot be held responsible for it.

The High Court on a petition from 29-year-old Varun restrained the police from arresting him till the Allahabad High Court takes up his plea in connection with his reported anti-Muslim speeches.

Justice Reva Khetrapal granted Varun's plea, while rejecting the submission of Delhi Police that the court had no jurisdiction to entertain the petition as the FIR against him was lodged in Uttar Pradesh.

Varun had in his petition before the Allahabad High Court sought quashing of the FIR registered against him in Pilibhit for his alleged inflammatory and communal speeches.

The Court granted the bail and asked Varun to pay a personal surety of Rs 50,000.

"The Bharatiya Janata Party categorically states that it completely disagrees, disassociates and disapproves the contents of the CD as sent to us," party leader R Ramakrishna said in his single page reply to an EC notice.

However, the party noted that Varun has suggested that the CD contents have been morphed. It asked the EC to obtain the original copy of the speech and get it examined by forensic experts to check its veracity.

Uttar Pradesh officials on Friday, visited the residence of 29-year-old Varun, BJP's Lok Sabha candidate from Pilibhit, and handed over a copy of the CD containing his hate speech.

This comes three days after the Election Commission issued a notice to BJP and Varun for alleged violation of model code of conduct.

A two-member team headed by AK Mishra, a tehsildar rank officer of the UP Government, handed over the CD at the residence of Varun's mother and former Union Minister Maneka Gandhi here, where the BJP candidate stays.

The officials were accompanied by a team from Delhi Police, which did not enter the residential premises. The team was at Gandhi's residence for about half-an-hour.

"We have come here in connection with the CD case. We have handed over a copy of the CD," Mishra said. Varun's office, when contacted, refused to give any further details.

Varun had on Thursday, moved the Delhi High Court seeking anticipatory bail. Sources in the UP police said the onus of challenging the contents of the CD lay on Varun.

The EC had on Tuesday directed the Uttar Pradesh chief electoral officer to file a case under Indian Penal Code and Representation of the People Act against Varun in connection with his speeches.

The High Court issued notices to Delhi and Uttar Pradesh governments on Varun's plea and listed the matter for further hearing on the question of jurisdiction on March 27.

Varun contended that he was being falsely implicated.

Varun approached the Delhi High Court as there is no provision of anticipatory bail in Uttar Pradesh where he has been booked under Sections 153 A (promoting enmity between different groups on ground of religion) and 188 (disobedience to order duly promulgated by a public servant) of the IPC and Section 125 of the Representation of the People Act.

Varun, who is making his electoral debut, had pleaded that the police be restrained from taking any action against him on the basis of the FIR lodged in UP.

His reply to the EC notice was submitted on Friday, but his lawyers declined to elaborate.

The UP government had yesterday suspended a Pilibhit SHO, while the EC had ordered the suspension of additional district magistrate SS Kamal and additional superintendent of Police Saurabh Kush in connection with the case.

The Commission had also ordered the transfer of district magistrate MP Agarwal and superintendent of Police P RK Chaturvedi to non-election related posts.

In its reply to the EC, the BJP  contended that even assuming that the speech has been delivered by a member of BJP, the contents do not represent the views of the party or its policies.

In its reply, the BJP avoided mentioning Varun as an official candidate. "Merely because a member of the party has expressed views contrary to what the party stands for, the party cannot be vested with any responsibily," it said, adding "the party is also independently looking into the matter."

While stating that BJP was unaware of the speech by Varun till its contents were telecast by news channels, the letter asked EC to check the authenticity of the CD.

"Varun Gandhi has refuted and suggested that the contents of the CD have been morphed. The Election Commission should endeavour to obtain the original copy of the speech and get the same examined by appropriate forensic authorities in order to check the veracity of the same," it said.