“List the matter on September 20, 2016,” a bench of justices A R Dave and L Nageshwara Rao said. The bench accepted Swamy’s plea to adjourn the matter after he mentioned it as the bench assembled to begin the day’s proceedings.
The Centre had earlier termed as “not maintainable” and opposed Swamy’s plea saying his petition was not a “writ petition but a personal interest litigation” as NBW has been already been issued against him with regard to alleged hate speeches.
Swamy had vehemently opposed the contention of Solicitor General and said his plea has already been considered by the previous bench headed by Justice Ranjan Gogoi which has agreed to examine the constitutional validity of 156(3) of IPC and he is not on the issue of bailable warrant.
He had argued that his plea for quashing of NBW was already before the Gauhati High Court. The apex court was hearing Swamy’s plea against the order of a trial court in Assam which issued an NBW against him for failing to appear before it on March 19 last year in a case of alleged hate speech.
On July 2 last year, the apex court had stayed the execution of the non-bailable warrant issued against him by the Assam court for allegedly delivering a hate speech at a university there.
Swamy, who is facing a court case in Karimganj in Assam for allegedly delivering the inflammatory address at Kaziranga University, had sought relief from the apex court in the case.
He has also challenged the constitutional validity of Section 153 A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code.