A Supreme Court bench headed by Justice R K Agrawal on Monday recused itself from hearing BJP leader Subramanian Swamy’s appeal against an Assam court’s order that issued a non-bailable warrant (NBW) against him for failing to appear before it in a case related to alleged hate speech.
While referring the matter to another bench on June 22, it gave liberty to Swamy to mention the matter before Chief Justice H L Dattu after his senior counsel Ram Jethmalani sought permission to do so.
However, the bench refused to stay the order even after Jethmalani told the court that he may be arrested in the meantime and produced before the judge.
Earlier, Swamy had challenged the validity of some penal provisions relating to “hate speech”.
While the Assam’s trial court had issued an NBW against him for failing to appear before it on March 19 in a case of alleged hate speech, the NBW was also issued on June 1 by a court in Karimganj on a complaint accusing him of allegedly delivering an inflammatory address on March 15 at Kaziranga University.
The Karimganj court had ordered that the arrest warrant be complied with on or before June 30.The BJP leader had also sought a stay on the order of Additional Judicial Magistrate summoning him as an accused in the case.