An Allahabad High Court bench comprising Justices Umesh Chandra Srivastava and Ramesh Sinha has “restrained” a Gorakhpur court from passing any order on the closure report submitted by CB-CID in a 2007 hate speech case, in which Chief Minister Yogi Adityanath had been named among others. The order was passed on May 11, the day the state government in an affidavit informed the court that it had refused sanction for prosecution of the Chief Minister and others named as accused.
In its order, the HC bench also asked the Chief Secretary to file details of the status of all 29 cases registered in connection with incidents of communal violence that occurred on January 27, 2007, in Gorakhpur district.
“As it is apparent from record that 29 criminal cases, including the present case, were registered with respect to the incident dated 27.1.2007 in district Gorakhpur where communal riots broke out… as there has been loss of lives and properties of public at large, we direct the Chief Secretary of the state to file status of all those cases till date through a detailed comparative chart,” the order said.
The bench also took note of the fact that the Chief Secretary had informed the court through an affidavit that sanction for prosecution was refused by Principal Secretary (Home) on May 3, but government advocate Vimlendu Tripathi did not inform the court about it during a hearing of the petition the next day.
Restraining the lower court from passing any order till disposal of the present petition, it directed, “This court is considering the prayer made in the present petition and further examining the validity of refusal of grand of sanction of the accused… we restrain the concerned court below from passing any order on the final report… till disposal of the present petition.”
While the next hearing is scheduled for July 7, the court has also directed the Registrar General to send a certified copy of the order to the Gorakhpur district judge for compliance.