In much needed relief to BJP leader Subramanian Swamy, the Supreme Court has stayed the execution of a non-bailable warrant issued against him, by an Assam court, for allegedly delivering hate speech at a university. A bench of Justices Ranjan Gogoi and M Y Eqbal also issued a notice to the Centre, on the plea challenging constitutional validity of certain penal provisions pertaining to offences of rioting and hate speech.
At the outset, senior advocate T R Andhyarujina, appearing for Swamy, said, “This man has been subjected to incredible harassment for giving lecture in a University.”
The bench, which decided to hear arguments on the constitutional validity of certain IPC provisions, asked Swamy to move to the high court or a competent court with his individual case of issuance of a warrant for allegedly delivering a hate speech. “We are issuing notice confined to prayer one and two (issues related to constitutional validity of certain penal provisions),” the bench said.
Later, the bench stayed the execution of the non-bailable warrant (NBW) for six weeks and allowed Swamy to move to a competent court within that period.
Swamy had approached the apex court against the order of a trial court in Karimganj in Assam, issuing a NBW against him for failing to appear before it, in a case of alleged hate speech.
The local court had issued summons to Swamy, on March 19, on a complaint accusing him of allegedly delivering an inflammatory speech, on March 15, at Kaziranga University.
The Karimganj court had ordered that the arrest warrant be complied with, on, or before June 30.