Lucknow, Jul 28: Expelled BJP leader Dayashankar Singh today failed to get a stay on his arrest from Allahabad High Court which directed the Uttar Pradesh government to file its reply by August 5 on his plea challenging the lodging of FIR against him for allegedly using derogatory language against BSP supremo Mayawati.
The Lucknow bench comprising justices Ajai Lamba and Ravindra Nath also directed that a copy of the reply be provided to the petitioner's counsel and fixed August 8 as the next date of hearing.
Singh had moved the HC challenging the FIR lodged against him by BSP leaders after he used derogatory language against party chief Mayawati.
In his petition, Singh had sought direction for stay on his arrest in the case. An FIR was lodged against Singh on July 20 at Hazratganj police station here under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act for his remarks against Mayawati.
The complaint, which was lodged by national secretary of BSP Mewalal Gautam, alleged that Singh's remarks had hurt the feelings of BSP workers and the Dalit community across the country and were aimed at provoking them.
Referring to Singh's comments telecast on national TV channels, Gautam had said they were so derogatory that they could not be mentioned in the complaint and so a CD of the speech was being submitted.
"Singh was aware that his offensive comments could trigger a strong reaction and riot," the complaint said, adding it amounted to an offence under the SC/ST Act and a case needed to be lodged against him.
Singh, who was state BJP vice president, was expelled by the party for six years in the wake of the storm triggered by his remarks against the BSP supremo and has since gone underground.
Earlier, a local court issued a non-bailable warrant against the sacked BJP leader on an application from district police.