Lucknow: The Supreme Court on Monday will decide whether Bharatiya Janata Party (BJP) candidate from Pilibhit, Varun Gandhi, can contest the Lok Sabha elections from behind bars or from outside jail.
Varun Gandhi, who has been detained in the Etah jail, has challenged his detention under the National Security Act (NSA) by the Uttar Pradesh government.
A bench headed by Chief Justice KG Balakrishnan will consider the plea for Varun's release to enable him to file his nomination papers as well as to contest elections from Pilibhit.
The 29-year old was arrested under section 153 A of the Indian Penal Code for delivering a communal speech during an election rally in March
The NSA was slapped on him following violence in Pilbhit during his surrender before the court.
Varun's counsel is likely to maintain that the CD containing the hate speech is doctored, and therefore inadmissible as material evidence to book him under the NSA.
The Uttar Pradesh government is likely to argue against Varun's release stating that it would pose a threat to peace and could lead to a serious law and order problem in the state.
In its affidavit, the Mayawati government has described Varun as a "national threat to communal peace and harmony", thereby defending its action of invoking the NSA.
Varun was shifted from Pilibhit jail to Etah reportedly following threat to his life by underworld don Chotta Shakeel.
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