Allahabad High Court dismisses petition against Yogi Adityanath in hate speech case

Allahabad HC rejects petition on Yogi Adityanath’s alleged role in 2007 riots

The Allahabad High Court on Thursday dismissed a writ petition challenging the order of state government, whereby it had refused to grant sanction to prosecute chief minister Yogi Adityanath in connection with Gorakhpur riots case of 2007.

The petitioners had been seeking an investigation by an independent agency amid fears that the CB-CID, a state government agency probing the case, may not be impartial.

A division bench, led by Justices Krishna Murari and AC Sharma, dismissed the plea saying it had found no discrepancies in the police investigation or the state government's refusal to prosecute the CM.

Yogi Adityanath, the then Gorakhpur MP, was instructed by the District Magistrate to not visit the site as it may create tensions.

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Gorakhpur riots had resulted in the death of one person and it was claimed that the riots erupted over Yogi Adityanath's hate speech. The petitioner had challenged the sessions court's January 28, 2017, decision quashing the Magistrate's order on the grounds that he was not heard by the court. In November 2008, an FIR was filed against Adityanath, Mayor Anju Chaudhri, then MLA Radha Mohan Agarwal and another person for inciting communal violence and riots in Gorakhpur in 2007 through "hate speeches".

While the first petitioner, Parwaz, filed the FIR in this case, the other petitioner, Hayat, is a witness to the decade-old incident. The petitioners' plea was that one can not be a judge in his own case.

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

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