Government today completely deleted a para in the original affidavit in a matter involving BJP leader Subramanian Swamy which had made out a case for prosecuting him for allegedly promoting feelings of enmity and hatred between Hindus and Muslims in violation of law.
“Charges levelled against the petitioner (Swamy) will be decided by the Court concerned and that deponent is not expressing any opinion thereon. The contents of para 11 of the Counter Affidavit may therefore be permitted to be deleted,” Laltiana Chhangte, Under Secretary, in the Union Home Secretary, said in the fresh affidavit filed in the Supreme Court.
“The present affidavit may be read as part of the counter affidavit 28.10.2015 filed by the answering respondent,” Chhangtes affidavit read. The affidavits were filed in a case in which Swamy has challenged the constitutional validity of provisions of Indian Penal Code dealing with hate speech. The Centre has sought the dismissal Swamys plea challenging the constitutional validity of penal provisions on speeches and writings that could cause enmity and hatred among communities.
Swamy sought relief from the apex court as he is facing a court case in Karimganj in Assam for allegedly delivering an inflammatory address at Kaziranga University, sought relief from the apex court in the case. Earlier on Wednesday, Chhangte had said in an additional affidavit that his original affidavit was in no way his conception relating to the book in question written by Swamy, which is the subject matter of challenge before the Courts below.
“In that view of the matter, the submissions made in the counter affidavit particularly the contents of para 11 apart from supporting the validity of the provisions of law challenged by the petitioner, what is stated is merely the statement of fact and is not any expression/opinion or decision of the answering respondent,” he had said.
( Source – PTI )