- (1.) The petitioner herein Feroze Varun Gandhi s/o late Shri Sanjay Gandhi R/o 14, Ashoka Road, New Delhi has been detained under Section 3(2) of the National Security Act pursuant to the Order dated 29.3.2009 passed by the District Magistrate, Pillibhit. He is imprisoned at Etah Jail. The petitioner challenged his detention on various grounds which are mentioned in the writ petition. It is stated that petitioner proposes to contest the next election from Pillibhit Parliamentary Constituency and the date of submitting nomination commences on 17.4.2009. The main reason for his detention is that he made inflammatory speeches on 7th and 8th March, 2009. It is alleged that he delivered an inflammatory speech inciting communal hatred, promoting ill- will between classes and communities and disharmony between groups of communities. As the petitioner proposes to contest the ensuing election and due to the peculiar facts and circumstances it is suggested that the petitioner would be in a position to give an undertaking that he will not make such speeches which would create disharmony between the communities.
(2.) He is agreed to give such an undertaking. The learned senior counsel appearing for the State has opposed the application for releasing him on parole/temporary bail and submitted that it is likely to create law and order and disturb public order.
(3.) However, having regard to the relevant facts, we are inclined to release him on temporary bail/parole initially upto 1.5.2009, on condition that he will make an undertaking before the Superintendent of Jail, Etah, that I, Feroze Varun Gandhi undertake that I will not - 'by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings or enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturb the public tranquility; during the period of interim bail/parole.';