Varun Gandhi and NSA

EDITORIAL
Posted on 2009-05-11
If the decision of the Government of Uttar Pradesh to invoke the National Security Act (NSA), 1980, against Mr Varun Gandhi was suspect, its latest decision to go in appeal to Supreme Court against the recommendation of the special advisory board of the Allahabad High Court to withdraw NSA against Mr Gandhi as it was invalid and disproportionate, is questionable and deserves indignation. The board headed by Mr Justice Prateek Kant had mentioned that the “inflammatory” speeches made by Mr Gandhi were not enough to attract the deterrent provisions of the NSA.
The NSA amended in 2008 to look like substitute to the POTA is an instrument to deal with the secessionist, communal and pro-caste elements and anti-social and anti-national elements who adversely affect the security, public order and services essential to the community. The provisions of NSA were invoked against Mr Gandhi for making hate speech at election rallies in Pilibhit on March 7 and 9. Technically the Mayawati government could not be faulted for going in for prevention detention, but it was imperative for the UP government to take other developments in account.
At least three prominent political leaders, Mr Balasaheb Thackeray, Mr Raj Thackeray and Mr Vaiko have been indulging in not only communal and hate speeches but also secessionist actions. Senior Thackeray has a track record. Junior Thackeray instigated his MNS supporters to thrash and throw the north Indians out of Maharashtra. At least three innocent north Indian labourers were killed in the brutal attacks that followed. Junior Thackeray has been in four cases and was also summoned by the courts in Jharkhand to appear and clarify his stand. But the Maharashtra police always came to his defence. Mr Vaiko has been openly espousing the cause of LTTE and extending support to its chief Mr Prabhakaran. Why are these people not being framed under NSA? Why this duality and discrimination?
If persons like Mr Raj Thackeray and Mr Vaiko could not be the possible threat to the communal harmony and interest of the country, how could be Mr Gandhi? The question is: Is the use of NSA against Mr Varun Gandhi defensible and justified? Answer could be yes, depending on the interpretation of the law. But this is a political issue and such issues need to be tackled politically. The manner in which the issue is being handled and projected, it leaves little doubt that it is being done with the only motto to gain political mileage and benefit. Politicians in power should realise that by indulging in such nasty actions they were inflicting irreparable damage to the country and its body politick.
The main reason for the board to declare the NSA invoked against Mr Gandhi as invalid was it did not find “plausible and convincing” grounds and also lack of candid explanation by the Pilibhit district magistrate who had arrested him. The UP Chief Minister, Ms Mayawati should realise that the law itself provides for the order to be reviewed by a high-power Advisory Board within seven weeks from the date of detention. Adequate checks and balances exist to correct any deliberate or inadvertent error of judgment on the part of the district or state administration. Instead of trying to politicise it she should respect the recommendation of the judicial review and refrain from pursuing vendetta politics. She should also be aware that it has been a convention to abide by the recommendation of the advisory board.