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HC breather for Swamy

Sentinel Digital DeskBy : Sentinel Digital Desk

  |  25 July 2015 12:00 AM GMT

By Our Staff Reporter

Guwahati, July 24: The Gauhati High Court today stayed the non-bailable warrant issued by the Karimganj judicial magistrate against BJP leader Subramanian Swamy for allegedly delivering a hate speech here in March, while issuing notice to Assam government and the complaint. Swamy's counsel Bijon Mahajan said the Karimganj magistrate did not follow the mandatory provisions under Sections 196, 200 and 202 of the CrPC while issuing the warrant and proceedings against Swamy. Swamy, who argued his case in person before Justice B K Sharma, urged the court to quash crimil proceedings against him in Karimganj Additiol Judicial Magistrate court, which had also issued a non-bailable warrant against him after he failed to appear before it.

"The High Court has stayed the Karimganj magistrate order. The main issue which the HC took cognizance was that section 200 of the CrPC was not followed. According to the section, it is mandatory to take the statement of the complaint and examine it before initiating any proceedings against the accused," Swamy said.

Swamy also argued that while he did not evade the court, the Karimganj magistrate did not issue a bailable warrant first as mandated in Supreme Court rulings and instead issued a non-bailable warrant.

Swamy had filed a writ petition WP(C) 4186/2015 under Article 226 and 227 of the Constitution for quashing crimil proceedings pending against him in the Karimganj court.

Justice Sharma after hearing Swamy's arguments issued notice returble by four weeks and till then suspended the proceedings in the Karimganj court.

The court directed the listing of the case after four weeks.

Swamy while referring to the Ayodhya issue had remarked that mosques, unlike temples where Gods live, were mere prayer buildings and they have been demolished in places like Saudi Arabia for construction of roads and other infrastructure. He had insisted that Muslims should help build the Ram Mandir at Ayodha and shift their mosque from the place to a convenient location.

Following a complaint, the Karimganj Additiol Judicial Magistrate had issued summons to him on March 19 in connection with the speech and as he failed to appear before the court, a non-bailable warrant was issued against him last month.

Swamy moved the Supreme Court which on July two stayed the execution of the non-bailable warrant against him by six weeks and allowed him to approach a "competent court" within that period and accordingly he appeared before the Gauhati High Court today.

The apex court had also decided to hear arguments on the constitutiol validity of certain legal provisions, which, according to Swamy, were being misused.

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