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



Allahabad HC today rejected a petition seeking a re-investigation of chief minister Adityanath’s alleged role in the 2007 riots in Gorakhpur.

Petitioners had requested an independent CBI probe into his alleged role in the Gorakhpur communal riots.

The petition was filed in 2008 in Allahabad High Court by Parvez Parwaz, who was also a complainant in the FIR lodged in Cantonment police station of Gorakhpur following the 2007 communal riots in the city, and Asad Hayat, a witness in the case.

In 2007, Adityanath – then just a Lok Sabha MP – was arrested on charges of disturbing the peace and violating prohibitory orders after he, along with his supporters, gathered to mourn the killing of a man in clashes between two communities.

Following his arrest, his supporters from the Hindu Yuva Vahini, an extremist Hindu youth group, founded by Adityanath, ransacked public property and torched a train compartment reserved for the physically challenged in Krishi Express. A bus was also set ablaze in Deoria, even as police lathi-charged mobs in Azamgarh and Kushinagar.

Parwaz and Hayat had requested the Allahabad high court to direct an investigation by an independent agency into the FIR on the ground that “one cannot be a judge in his own case”.

However, ignoring this legal point, the government on May 3, 2017, refused to grant sanction to prosecute Adityanath, who was by then UP CM, contending that the petitioners need not have approached the court because other remedies, such as filing a protest petition, were available.

The government denied the permission to prosecute the CM on the grounds that the video recording of the purported hate speech of Adityanath was tampered with.

Adityanath, who is booked under IPC 153A for making a hate speech, could be tried only after his prosecution is sanctioned by the state government.

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