Hate speech: Gauhati HC stays NBW against Swamy

The Gauhati High Court on Friday stayed the non-bailable warrant issued by a court in Assam against BJP leader Subramanian Swamy for allegedly delivering a hate speech in Assam few months back.The senior BJP leader on Friday appeared before the Single Bench of Justice BK Sarma of the Gauhati High Court on Friday and pleaded that the entire proceedings initiated against him at the court of additional judicial magistrate, Karimganj, should be quashed.

Earlier this year, the veteran BJP leader had said, “A mosque is not a religious place. It is just a building and it can be demolished any time. If anyone disagrees with me on this, I am ready to have a debate on the issue. I got this information from the people of Saudi Arabia.”The statement of Swamy led to a controversy across the State and some people had lodged a case against him over the hate speech. The court of Additional Judicial Magistrate, Karimganj had summonsed Swamy to appear before the court.

Swamy, however, did not appear before the court leading the court of the additional CJM, Karimganj to issue non bailable warrant against Swamy. The Additional CJM in his order stated that Swamy should be arrested on or before June 30 and directed the Delhi and Assam Police to produce Swamy before the court by the date.

Swamy, however, moved the Supreme Court seeking a stay on this and a Bench of the apex court comprising Justices Ranjan Gogoi and MY Eqbal issued notice to the Centre on the plea challenging constitutional validity of certain penal provisions pertaining to offences of rioting and hate speech.The Bench, however, stayed the execution of the non-bailable warrant (NBW) for six weeks and allowed Swamy to move a competent court within that period.

“The main issue on which the public prosecutor was questioned was how come the magistrate didn’t follow Section 200 of the CrPC which requires a complainant to be made a statement on forth and be examined by the magistrate and the magistrate also examine the witnesses. The public prosecutor agreed that section 200 of the Cr. PC is mandatory and it was not complied with. On that basis notice was issued to the public prosecutor to file their counter and a notice returnable in four weeks,” Swamy said told newsmen on Friday.

“From the day one we know that the order of the magistrate is illegal and it was abuse of process. Summons issued were never served on me and he issued a non-bailable warrant against me. If summons avoided, which I did not, and the person doesn’t turn up then you should first issue a bailable warrant and then only you can think of non-bailable. Non-bailable warrants are issued in the rarest of rarest cases,” Swamy said.