Yogi Adityanath hate speech case: Allahabad High Court dismisses petition against UP CM

Feb 22: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.
The 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."
Farman Naqvi, counsel for the petitioners, said, "This is a hopelessly disappointing judgement and the findings are illegal and contrary to facts. We will file an appeal in the Supreme Court against this order."
Naqvi added, "There were glaring discrepancies in the investigation of the video evidence of the hate speech by Adityanath, yet the petition has been dismissed."
UP additional government advocate A Sand said, "We had presented our case and the fact that the evidence was tampered with so we have no grounds to grant sanction to prosecute. The court has found no discrepancies in the case which were raised."
The UP government had, in May last year, refused to allow the accused - five-time Gorakhpur MP and now UP CM Yogi Adityanath and four others - to be prosecuted for inciting communal violence on grounds that the CD, which was presented since 2008 as primary evidence of the hate speech, had been "tampered" with.
The state government had also said in its affidavit to the court that this conclusion was arrived at by the Central Forensic Science Laboratory in October 2014. It also mentioned that voice samples were not directly taken from Adityanath but those taken by the Pipraich station in-charge from some other speech of Adityanath.
In cases of inciting communal riots, the government is supposed to grant or refuse sanction to prosecute a riot accused. In this case, the head of the state, the CM, had the power to grant or refuse sanction to prosecute himself, something the petitioners have been challenging since May. The petitioners highlighted "the imminent bias arising in the legal process by virtue of the changed circumstances of the prime accused becoming the CM of the state overseeing the investigation of the case". Successive governments from the time of the incident in 2007 did not prosecute the accused either.
The Gorakhpur incident dates back to January 2007 when clashes broke out between two groups during a Muharram procession. According to an FIR, after a youth who was injured in the clashes succumbed to his injuries, then Gorakhpur MP Yogi Adityanath delivered speeches, allegedly seeking "revenge" for the death of the Hindu youth. Parwez Parvaz, a local journalist and activist, who claimed to have videos of these speeches, could not get an FIR registered against Adityanath and four other BJP leaders for a year since police allegedly kept turning him away. An FIR was registered a year later on September 26, 2008 following the intervention of the High Court.
The court also, since November last year, barred the media from reporting on the proceedings of the case citing "wrong reporting", which has been "causing lot of embarrassment" to the state of Uttar Pradesh after it was "point(ed)" out to them by the state government that "observations are reported out of context and very often misquoted". Agencies
Source: Agencies



No comments yet! Be the first one to leave a comment.

Add Comment


More India News

India has overcome Congress legacy, can no more use it as excuse: NITI ..

BJP ends alliance with PDP in J&K; Mufti resigns; Omar Abdullah says n ..

- Shiv Sena says '2014 political accident' will not happen in 2019
- Sunanda Pushkar case: Delhi court summons Shashi Tharoor on July 7
- No bids for Air India so far, govt will not extend May 31 deadline
- Nipah virus claims one more life in Kerala, death toll rises to 12
- India successfully test-fires BrahMos supersonic cruise
- Ajit Doval hasn't changed policy, just more hardline, says ISI ex-chief General
- Fuel prices hit the roof in India
- Three coaches of Andhra Pradesh Express catch fire in Gwalior
- Once again, Supreme Court Collegium stalls on Justice KM Joseph's name
- Once again, Supreme Court Collegium stalls on Justice KM Joseph's name
- Food processing industry in state facing several challenges, says Punjab Agricul
- PM Modi rode to power on promise of reducing fuel prices, why is he unable to cu
- Jammu and Kashmir: Three militants killed in encounter with security forces; civ
- Choose between development and communalism, Siddaramaiah tells Badami voters
- Jharkhand rape-murder case: 14 arrested, including prime accused
- If 10% of the Indians curious to know the truth
- SC terms killing of Himachal officer 'extremely serious', may take up case tomor
- Karnataka's milk subsidy: Win-win for kisans and kids
- Madhya Pradesh police recruitment: Medical examinations of men and women in same
- In 5 years, 46% hike in base: Tax net widens as individuals fuel the surge

Related News

Congress responsible for naxalism, poverty in country: Yogi Adityanath in Gujarat
Oct 14:Hitting the road for the second day in Gujarat as part of the BJP's Gujarat Gaurav Yatra, Uttar Pradesh Chief Minister Yogi .. read more
Samajwadi Party delivers crushing blow to BJP in Phulpur, Gorakhpur
Mar 14:The Samajwadi Party on Wednesday handed BJP a crushing defeat in two crucial bypolls in Uttar Pradesh, forcing Chief Minist .. read more
Ayodhya dispute: Supreme Court says won't entertain any intervening application at the moment
Feb 8:As hearing resumed Thursday in the Ayodhya dispute case, the Supreme Court said it would not entertain any intervening appli .. read more
Police encounters won't stop in Uttar Pradesh: Yogi Adityanath
Feb 15:Accusing the opposition of sympathising with criminals, Uttar Pradesh Chief Minister Yogi Adityanath on Thursday declared i .. read more
MBT appeals to AIMPLB to appeal in SC against Allahabad High Court Judgment on #TripleTalaq
Vishwas NewsHyderabad, Dec 8:MBT Spokesman Amjed Ullah Khan giving his reaction in light of the Allahabad High Court Judgment toda .. read more

More Related News

- 'Cash for Vote' case: HC quashes Elvis' petition against
- SC issues notice to TS Govt. in Mohammed Pahelwan Case
- Mustafa's firing case hearing completed, police opposes bail petition
- 'Is India neglecting Taj Mahal because Muslims built it?'- Asks foreign media
- Co-op election authority jailed
- HC asks govt. to file counter affidavit in Aliar encounter case
- Salman Khan must surrender in poaching case: Rajasthan govt tells SC
- Not Yogi but Ulemas stink: Laxmikant Bajpai to Azam Khan
- 'Cash for Vote' is a criminal case: CEO
- Rotomac Pen owner Vikram Kothari loan default case: CBI lodges FIR, raids underway in Kanpur

More Latest News:

- India has overcome Congress legacy, can no more use it as excuse: NITI Aayog VC Rajiv Kumar
- BJP ends alliance with PDP in J&K; Mufti resigns; Omar Abdullah says no mandate to form govt
- Air India sale put on hold since it is an election year
- Shiv Sena says '2014 political accident' will not happen in 2019
- Nepal willing to enhance cross-border connectivity, trade with China: PM Oli
- Kalank actor Alia Bhatt suffers foot injury
- Telangana Police develops its own version of WhatsApp
- Telangana ranked number one in utilising CAMPA funds: CS SK Joshi
- Race 3 box office collection day 4: Salman Khan film earns Rs 120.71 crore
- Cyber crooks in Hyderabad go too far with prank apps
- Three brothers born in Pakistan given Indian citizenship in Nizamabad
- Centre does U-turn on Bayyaram steel plant
- Telangana's Prabhakar Kusuma awarded Fellowship of The Royal Photographic Society
- Punjagutta-LB Nagar Metro on fast track
- International Yoga Day: 5 easy yoga asanas to treat spondylitis and fight back pain
- UN: Record 68.5 million people displaced worldwide
- Plant based diet can be beneficial for diabetes patients
- Harendra Singh eyeing Olympic dream in different role in Tokyo
- Yo-Yo effect: BCCI for fitness tests before selection
- Red Bull F1 team to use Honda engines from next season
- Paris attacks suspect given conditional release
- More than 1.25 million foreigners arrested in KSA for flouting residential, labor laws
- Israel quiet on US claims it hit Iraq militia in Syria
- Trump approves plan to impose tough China tariffs
- Nicaraguans flood migration offices in bid to flee crisis
This page was created in 0.0423190593719 seconds