“The State government shall forthwith withdraw the detention order against Varun Gandhi under the NSA,” a bench headed by Chief Justice K G Balakrishnan said.
The bench was also critical of the UP Government approaching it with an application against the decision of the State Advisory Board which had not found sufficient ground for invocation of NSA against the 29-year-old BJP leader.
The apex court took exception to the submission made by the state government that the District Magistrate (DM) of Pilibhit could not be heard and only the Additional District Magistrate (ADM) was present before the Advisory Board during the hearing.
“This cannot be a ground to challenge the decision of the Advisory Board. The ADM was present. He must have been instructed by the DM,” the bench observed.