Expelled BJP leader Dayashankar Singh who is on the run, has failed to get any relief from the Lucknow Bench of Allahabad high court which on Thursday refused to stay his arrest order.
The court was hearing his writ petition challenging the FIR lodged against him for a sex slur against BSP chief Mayawati last week.
A bench comprising justice Ajai Lamba and justice Ravindra Nath Mishra, directed the Uttar Pradesh government to file its counter-affidavit by August 5 clarifying the need to arrest Singh in the case. The court also directed petitioner’s counsel to explain as to how the FIR can be quashed.
“The court will finally decide the petition on August 8 after getting the state government’s reply on the issue,” said Singh’s counsel Dilip Srivastava.
He interpreted the court’s direction as favourable to his client, as it has asked the government to state reason behind the order for Singh’s immediate arrest. Srivastava claimed that the entire controversy was the fallout of political rivalry.
Singh, who went underground after sparking of the controversy, filed the petition after the Lucknow police secured an arrest warrant against him from special judge of SC/ST court Om Prakash Mishra on Monday.
The FIR against Dayashankar Singh was filed at the Hazratganj police station on July 20 by Mewalal Gautam, a BSP leader after the former vice president of the BJP UP unit made derogatory comments against Mayawati.
The FIR against Singh was lodged under different sections of the Indian Penal Code (IPC) and the SC/ST Act for promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony, insult with intent to provoke breach of the peace and for word, gesture or act intended to insult the modesty of a woman.