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Gauhati High Court stays proceedings against Swamy

By Staff Reporter

GUWAHATI, July 24 - The Gauhati High Court today stayed all further proceedings of the complaint case filed against Bharatiya Janata Party leader Dr Subramanian Swamy in the Court of Judicial Magistrate, Karimganj concerning his alleged inflammatory comments made during a function.

The Court also issued a notice to the State government asking the latter to respond within four weeks. After the expiry of the four-week time, the matter would again be listed in the Gauhati High Court and on that day further hearing on the matter would take place. Dr Swamy also submitted before the Court that as he is a resident of Delhi, he should be allowed to appoint advocate Bijon Kumar Mahajan and Arshad Choudhury as counsels who would appear on his behalf on each subsequent dates of hearing.

Dr Swamy had challenged the entire process of issuance of summon against him under Sec 26/227 of the Constitution of India. He challenged the constitutional validity of Section 153 A/295A of the IPC and the said application is still pending in the Supreme Court. The Supreme Court had directed Dr Swamy to approach the High Court concerned for

appropriate further relief in the matter at hand and by that order the apex court also stayed the operation of the non-bailable warrant of arrest issued against Dr Swamy.

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Gauhati High Court stays proceedings against Swamy

GUWAHATI, July 24 - The Gauhati High Court today stayed all further proceedings of the complaint case filed against Bharatiya Janata Party leader Dr Subramanian Swamy in the Court of Judicial Magistrate, Karimganj concerning his alleged inflammatory comments made during a function.

The Court also issued a notice to the State government asking the latter to respond within four weeks. After the expiry of the four-week time, the matter would again be listed in the Gauhati High Court and on that day further hearing on the matter would take place. Dr Swamy also submitted before the Court that as he is a resident of Delhi, he should be allowed to appoint advocate Bijon Kumar Mahajan and Arshad Choudhury as counsels who would appear on his behalf on each subsequent dates of hearing.

Dr Swamy had challenged the entire process of issuance of summon against him under Sec 26/227 of the Constitution of India. He challenged the constitutional validity of Section 153 A/295A of the IPC and the said application is still pending in the Supreme Court. The Supreme Court had directed Dr Swamy to approach the High Court concerned for

appropriate further relief in the matter at hand and by that order the apex court also stayed the operation of the non-bailable warrant of arrest issued against Dr Swamy.