EXPELLED BJP leader Dayashankar Singh on Thursday failed to get a stay on his arrest from the Lucknow bench of the Allahabad High Court.
The court also directed the UP government to file a reply by August 5 on Singh’s plea seeking quashing of the FIR registered against him for comparing BSP chief Mayawati to a prostitute.
The bench comprising Justice Ajai Lamba and Justice Ravindra Nath also directed that a copy of the reply be provided to the petitioner’s counsel. The bench fixed August 8 as the next date of hearing.
Dayashankar has been absconding since an FIR was lodged against him at Lucknow’s Hazratganj police station on July 20.
The complaint, which was lodged by national secretary of BSP Mewalal Gautam, alleged that Singh’s remarks had hurt the feelings of BSP workers and the Dalit community and were aimed at provoking them.
Referring to Singh’s comments telecast on national TV channels, Gautam had said they were so derogatory that they could not be mentioned in the complaint and hence a CD of the speech was submitted.
In the court, Dayashankar’s lawyers argued that he is a public person and had only compared the action of a BSP leader and a person working… They added that Dayashankar had apologised for the statement. Lawyer Bagesh Kumar Shukla said the court has asked the government to file a counter affidavit to show why they need to arrest Dayashankar.
The bench asked Dayashankar’s lawyers why the FIR was needed to be quashed. It also asked government advocate Zafaryab Jilani why custodial interrogation of the accused was required. “Besides the counter affidavit on reasons for custodial interrogation, the government has also been asked to put the subject matter of the FIR before the court,” he said.
Singh, who was state BJP vice president, was expelled by the party for six years in the wake of the storm triggered by his remarks against the BSP supremo and has since gone underground. Earlier, a local court had issued a non-bailable warrant against the BJP leader on an application from district police.
Meanwhile, the Lucknow bench on Wednesday had taken a serious note of “obscene” language used by BSP leaders, while hearing a petition by Lucknow resident Mamta Jindal, who has alleged that when her minor son asked her to explain the meaning of the slogans, she found it difficult to answer.
The bench sought responses from the UP government and others within three weeks. The next date of hearing has been fixed as August 23.