HC turns down Varun's plea for quashing FIR

New Delhi, Wed, 25 Mar 2009 NI Wire

The Allahabad High Court on Wednesday turned down the BJP candidate Varun Gandhi’s petition to quash an FIR filed against him for his alleged communal remarks. Entertaining the petition a division bench, including Justices Imtiyaz Murtaza and S C Nigam, said, “The petition stands dismissed.”


The FIR was filed on March 17 on the directives of the Election Commission charging Varun Gandhi of violating the Model Code of Conduct for elections by making communal remarks. The FIR was lodged at Barkheda Police Station under Sections 153A (promoting enmity between different groups on ground of religion, race, place of birth, residence, language etc.) and 188 (disobedience to order duly promulgated by a public servant) of the Indian Penal Code and Section 125 of the Representation of the People Act.

A person who is found guilty in a court of law under Section 153A can be punished with imprisonment which can be extended to three years, or with fine, or with both.

Two days later on March 19, the 29-year-old politician, making his electoral debut on the BJP ticket from Pilibhit, had moved the Allahabad HC defying the criminal case lodged against him.

He claimed in the petition that conspiracy was being hatched against him to ruin his political career and tarnish his secular image. Varun, who is accused of making inflammatory remarks at a public meeting in Pilibhit on March 6, also claimed the tape showing his alleged anti-Muslim remarks had been doctored or tampered with and not contained his voice.

Earlier, the Delhi High Court granted anticipatory bail to Varun in the same case till March 27 that means: police cannot arrest him till this period. The petition in the case lodged in Pilibhit was filed in the Delhi HC as there is no provision of anticipatory bail available in Uttar Pradesh.



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