2007 hate speech case against UP CM Adityanath: HC bench restrains court from passing order on closure report

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.

By: Express News Service | Lucknow | Published: May 19, 2017 5:01 am
yogi adityanath, yogi hate speech, adityanath hate speech,  2007 hate speech case, gorakhpur court, allahabad high court, up news, latest news, india news Uttar Pradesh Chief Minister Yogi Adityanath at a function in Lucknow on Thursday.(Express photo by Vishal Srivastav)

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.

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  1. S
    Sreenivasan
    May 20, 2017 at 2:53 pm
    There are several examples of such permission denials in various States of India. However, the case need not be closed so soon. When some other person takes over the chair of CM, the case can be heard and decided, after obtaining permission from the competent authority at that time.
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    1. R
      Rohan
      May 20, 2017 at 9:13 am
      State Patronage!!!!
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      1. R
        Ram
        May 20, 2017 at 12:14 am
        When there is so much exposure is going on by 420 league of corrupt aka seculars like Lallu,Kejirwal,Siddaramiah,Chidambaram,Sonia,Raul,prinka-robert Vadras,Diggy, momota etc. pre st tutes like IE are putting silly stuff like this and UP government taking back its own property used for its officers from some location as big deal. But this wont help these corrupt gangsters like demonetization, people of India will fully back Modi/Yogi type nationalist politicians in their attempts to fight corruption.
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        1. B
          bitterhoney
          May 19, 2017 at 11:11 pm
          Dogs also have their day.
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          1. B
            bitterhoney
            May 19, 2017 at 11:04 pm
            As soon as a criminal, murderer becomes holds some important office, all his sins get washed. No law can take any action.
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