The lucknow bench of the Allahabad high court has directed the state counsel to file counter affidavit ( reply ) in the writ petition filed by expelled BJP leader Dayashankar Singh, challenging the FIR lodged against him here at Hazratganj police station related to allegedly using objectionable language against BSP chief Mayawati. He also sought direction for stay on his arrest in this case. The court did not pass any order of stay on petitioner's arrest.
This order was passed by a division bench of justice Ajai lamba and Justice Ravindra Nath Mishra-II on Thursday on a petition filed by Dayashankar Singh ,seeking directions for quashing the said FIR.
Submission of petitioner's counsel was that the petitioner is a public person and has simply given comparison of the action of leader of a party with the action of a person working in a dislikable profession, in a speech. There was no intention to make insinuation against the 'person' of the leader. The speech /statement of the petitioner was only in the context of the actions of Mayawati, and not against her. It was only a manner of speech , it was also said on behalf of the petitioner. It had also been stated that the petitioner had already apologised for the offending statement /speech that had been allegedly given.
State counsel contended that custodial interrogation of the petitioner is required in this case. The court said that state counsel is required to file counter affidavit ( reply ) along with offending material that was the subject matter of of the impugned FIR." Respondent State shall also show reasons as to why custodial interrogation of the petitioner is required",the court further said.
The court also said that counsel for petitioner is required to address the court as to under what circumstances it was being pleaded that the case of the petitioner was covered by judgements of the Supreme Court for quashing of impugned FIR.The court listed this case on August 8 and directed that copy of counter affidavits be supplied to counsel for the petitioner by August 5 positively.