HC Allows Plea to Challenge Yogi Adityanath Prosecution: Allahabad

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Allahabad: The Allahabad High Court on July 31 allowed an application seeking permission to challenge the Uttar Pradesh government’s refusal to grant sanction to prosecute Chief Minister Yogi Adityanath in a decade-old communal riots case. The matter arose in a 2007 related matter where Gorakhpur citizen {ervez Parvaaz had sought to get an FIR registered against Adityanath on allegations of inciting mob violence against the minorities. The Allahabad High Court had upheld the plea and thereafter the Supreme Court had, in 2012 (the SC Order may be read here), endorsed the decision of the Allahabad HC.

A division bench comprising justices Krishna Murari and Akhilesh Chandra Sharma on July 31 allowed the amendment application of Parvez Parwaz and Asad Hayat, who had moved the court seeking a CBI inquiry into the Gorakhpur communal riots of 2007.

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The HC also  fixed August 9 as the next date of hearing, while directing the state government to file its counter-affidavit on the plea. The petitioners’ counsel, S.F.A Naqvi, explained, “We had submitted that we should be allowed to challenge the government’s decision to refuse sanction since one of the accused in the case is heading the state government.” Parwaz is also the complainant in the FIR lodged in connection with the Gorakhpur riots, while Hayat is one of the witnesses in the case.

Besides Yogi, the then Gorakhpur Mayor Anju Chaudhary and local MLA Radha Mohan Das Agrawal have also been named as accused in the case.

The story begins in 2007, 27 January when prior to a Muharram procession, at a “Warning Meeting”, Adityananth and other members of the Hindu Vahini and the elected officials of the Bharatiya  Janata Party (BJP) were creating an intra-community polarisation through their speeches. A local citizen and social activist, Parvez Parvaaz passing by heard the speech of Adityanath when he said,

“..if the blood of one Hindu be shed then they will not register any FIR with the administration against the bloodshed of one Hindu in the times to come, instead they will get ten persons (Muslims) killed. If damage is done to the shops and properties of Hindus, they would indulge in similar activities towards the Muslims. Anything can be done to save the glory of indus and all should prepare for a fight. Amongst others, it was also stated in the complaint as under: ‘we will not allow lifting of Tazia anywhere in the Gorakhpur City and the Gorakhpur District and we will also celebrate our Holi with these Tazias. He stated that we will have to take harsh steps for the welfare of Hindus and we do not want that the generations to come remember us with bad names. He stated  that I do not understand that we will be ready to take up those names, therefore, be ready to fight your final battle.
Adityanath was, shamefully a Member of Parliament when he uttered these words. He further said that
“once you stand up then you see that Gorakhpur will remain peaceful for many years. If the administration does not take revenge of the murder of the Trader’s son, then we will take ourselves, we will ourselves take revenge of that murder. Member of Parliament Yogi Aditya Nath, in his speech, termed the administration as worthless and eunuch and the incidents as Government sponsored terrorism and challenging the democratic Government he stated that they will destroy the law and order and will take law in their own hands.”
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1. UP Govt Protects Its Own: Adityanath can’t be tried in 2007 Gorakhpur riots case, Allahabad HC told
UP Chief Sec Summoned with Records of Gorakhpur Violence where CM Adityanath Named as Accused



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