SC orders release of Varun Gandhi on parole

The Supreme Court ordered the release of BJP leader Varun Gandhi on Thursday, detained under National Security Act, on parole for two weeks to campaign for the Lok Sabha polls with the condition that he would not indulge in any conduct likely to disturb communal harmony.

The 29-year-old BJP candidate, who is making his electoral debut from Pilbhit Lok Sabha seat in Uttar Prasdesh, was directed to give undertakings to both the police in Etah, where he is detained in a jail, and to the apex court that he will desist from making "inflammatory and provocative speeches threatening to disturb public order".

"Having regard to the relevent facts, we are inclined to release him on temporary bail/parole for two weeks on condition that he will make an undertaking before the superintendent of Police of Etah that he will not make such speeches during the parole which is likely to cause communal disturbance and hatred among any caste and community," a Bench headed by chief justice KG Balakrishnan said.

The undertaking in terms of section 153A and 153B of the Indian Penal Code which deals with the offences against public tranquility would be filed by Varun, who was arrested on March 28, in the apex court by Monday after his release from Etah jail where he was shifted from Pilbhit on March 29, a day after NSA was slapped on him.

Varun, grandson of former prime minister Indira Gandhi, was booked under NSA for his alleged anti-Muslim speeches of March 7 and 8 and for disturbing public order on March 28 while surrendering before a Pilibhit Court for the cases registered against him for the hate speeches.

He had sought release from jail to file his nomination, a process commencing from Friday.

The BJP leader had to file a petition through advocate Sandeep Kapur in the apex court for his release as there is no provision for bail under the NSA.

The Bench, also comprising justices P Sathasivam and JM Panchal, said Varun would have to furnish a personal bond of Rs 50,000 and two sureties of the like amount to the satisfaction of Superintendent of Etah jail and also furnish about his whereabouts to the District magistrate, Pilibhit.

The hearing, which lasted for barely 20 minutes, witnessed a war of words between the counsel for Varun and Uttar Pradesh government who did not miss any opportunity to put forth arguments loaded with political overtones.

Senior advocate Mukul Rohtagi, appearing for Varun, placed before the Bench an affidavit signed by the BJP leader in the jail about his undertaking in response to the previous order of the apex court on April 13.

Varun in his affidavit said "I undertake that I will not make any inflammatory and provocative speeches during my electoral campaign for Lok Sabha elections".

However, Uttar Pradesh government counsel and senior advocate Harish Salve objected to the manner in which the undertaking was placed, saying he has not received the text of the undertaking and the matter was sensitive.

The Bench was also not satisfied with the affidavit of Varun and said the contents of the undertaking cannot be of his choice.

"We will give the nature of the undertaking to be filed by Varun in terms of section 153A and 153B of IPC," the Bench said.

"This is not sufficient. You should indicate what sort of undertaking you are giving," the Bench said and dictated the nature of affidavit to be filed by Varun.

The Bench said Varun in his affidavit will say "that I undertake that I will not by words, either spoken or written, or by signs, or by visual representations or otherwise, promote or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other grounds whatsoever, disharmony or feeling or enmity, hatred or ill-will between different religions , races....or any act which disturb public tranquility during the period of interim bail/parole".

Salve said the authorities are of the view that Varun is still a threat to public order.He said the state government opposed Varun's release on parole.

Salve drew a parallel between Varun's affidavit and the one filed by the then BJP-led government of Kalyan Singh in 1992 on the issue of disputed structure at Ayodhya.

"We know what happened in 1992 after giving the undertaking," Salve said in obvious reference to the fact that despite giving an undertaking the disputed structure was not saved from demolition.

He said the concern is over the future and what will happen if some problem arises in the state after Varun's release. "We know what these people do," Salve said.

Rohatgi opposed such submissions by Salve.

The BJP leader had approached the apex court after he was arrested under the NSA when he went to Pilibhit to surrender on March 28 in a case registered against him for allegedly making "inflammatory and communal speech" during his campaigning there last month.

The court had on April 2 issued notices to the state government and the District magistrate of Pilibhit on the allegation by Varun that NSA was invoked against him with a political motive to sabotage his electoral debut.