Allahabad High Court dismisses plea to prosecute Yogi Adityanath in 2007 Gorakhpur riot case

Finding no discrepancy in the investigation of the 2007 Gorakhpur riots hate speech case, the Allahabad High Court on Thursday dismissed a writ petition challenging the Uttar Pradesh government’s refusal to grant sanction to prosecute Chief Minister Yogi Adityanath.

A division bench, comprising Justice Krishna Murari and Justice Akhilesh Chandra Sharma, on Thursday dismissed the plea by petitioners Parwez Parvaz and Asad Hayat who wanted the investigation of the riots to be handed over to an independent agency, like the Central Bureau of Investigation, because the state was “deliberately delaying and impeding investigation”.

The petitioners had last year, through their counsel S Farman Naqvi, challenged the state government’s refusal to grant sanction to prosecute Adityanath.

According to The Indian Express, the petition said a hate speech by the chief minister had triggered the riots in which one person was killed. Parwaz was a resident of Gorakhpur and had filed an FIR in connection with the riots and Hayat was a witness in the case.

The Allahabad HC bench said, “In the facts and circumstances discussed, we find no material irregularities in holding investigation and state government’s refusal to grant sanction to prosecute Yogi Adityanath. Therefore, the writ petition has hereby dismissed. No cost has been imposed.”

The report mentioned the other accused who were named in the FIR: MLA Radha Mohan Agarwal, mayor Anju Chaudhri and another person. Adityanath, who was the then Gorakhpur MP, was arrested for disrupting peace and violating prohibitory orders and was remanded to police custody for 11 days.

 Adityanath had got a relief from the high court in February when it had dismissed a petition seeking to file a criminal case against him in connection with the riots. Earlier, after hearing counsel for the petitioner, the court had reserved its judgment on 18 December, 2017, a Times of India report said.

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