Order invoking NSA against Cong MLA Ajay Rai set aside
HC ORDER The Pindra legislator was named in the FIRs lodged in connection with the violence during the Anyay Pratikar Yatra on October 5 last year
ALLAHABAD: The Allahabad high court on Tuesday set aside the order passed by the DM, Varanasi, whereby the national security act (NSA) was imposed on Congress MLA Ajay Rai on October 13 last year in connection with violence that broke out on October 5 during the Anyay Pratikar Yatra in Varanasi.
Rai, who represents Pindra constituency of Varanasi in the State Assembly, was named in FIRs lodged under IPC sections relating to dacoity, unlawful assembly, obstructing public servants in discharge of their duty and damage to public property.
Allowing the petition filed by Rai, a division bench of justice Vikram Nath and justice Naheed Ara Moonis directed that Rai be set free unless not wanted in some other case.
Challenging the NSA order, Rai’s counsel Daya Shankar Mishra said ‘subjective satisfaction’ of the DM Varanasi regarding the violence and arrest of Rai was not real.
Secondly, as per the constitutional provisions, Rai was not provided documents related to case against him hence the detention was illegal, he argued.
Last year, the Allahabad high court had directed that no idols would be immersed in rivers flowing through Uttar Pradesh, making an exception for Varanasi only for a year. That period ended this year.
After this order, the local administration had directed the public to refrain from immersing idols in the Ganga. The locals were protesting against this ban on the intervening night of September 22 and 23, 2015.
The rally was called by supporters of Ganga Sewa Ab hi yan(G SA) conve nor Swami A vi mu kt es war an and a who was lathi-charged by police during immersion of idols of Lord Ganesha in the Ganga that night. Rai was accompanying Swami A vi mu kt es war an and a during the protest.
CHALLENGING THE NSA ORDER, RAI’S COUNSEL DAYA SHANKAR MISHRA SAID ‘SUBJECTIVE SATISFACTION’ OF THE DM VARANASI REGARDING THE VIOLENCE AND ARREST OF RAI WAS NOT REAL.