The Uttar Pradesh government on Thursday told the Allahabad High Court that Chief Minister Yogi Adityanath can't be tried in…
Yogi Adityanath (PHOTO: Facebook)
The Uttar Pradesh government on Thursday told the Allahabad High Court that Chief Minister Yogi Adityanath can't be tried in the 2007 Gorakhpur riots case.
The CM and three others are facing charges of inciting communal violence through hate speeches.
UP Advocate General Raghvendra Singh informed the court that the principal secretary (home) had declined to grant sanction for prosecution of Adityanath in the case.
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He said the principal secretary (home) had taken the decision on 3 May 2017, in line with the opinion of law department on the basis of forensic report of a CD allegedly carrying ‘hate speech’ made by a few accused.
Appearing for the state government, the advocate general argued that the case was politically motivated and was registered by the petitioner 10 months after the incident.
The Allahabad high court had on 5 May asked Uttar Pradesh chief secretary to appear before the court on 11 May and produce records of the 2007 Gorakhpur riots case in which CM Adityanath was a party.
After hearing a writ petition, a division bench, comprising justices Ramesh Sinha and UC Srivastava asked UP chief secretary to bring the investigation report of the case and documents relating to the grant of prosecution sanction under Section 153A of IPC.
The court directed the chief secretary to file personal affidavit in the matter too.
As per law, the sanction to prosecute under Section 153A of Indian Penal Code (inciting communal violence) is granted by the state government.
In 2008, an FIR was lodged by Parvez Parwaz and Asad Hayat at Cantonment police station in Gorakhpur in which they accused Adityanath, then city mayor Anju Chaudhri, then MLA Radha Mohan Agarwal and one more person of inciting communal violence.
Petitioners had requested the court to order investigation by an independent agency into the case against Adityanath and three others.
The court has fixed July 7 as the next date of hearing.
(With inputs from agencies)
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