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.
    Reply
    1. R
      Rohan
      May 20, 2017 at 9:13 am
      State Patronage!!!!
      Reply
      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.
        Reply
        1. B
          bitterhoney
          May 19, 2017 at 11:11 pm
          Dogs also have their day.
          Reply
          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.
            Reply
            1. S
              SR
              May 19, 2017 at 5:14 pm
              What is the Allahabad HC Bench trying to achieve ? if for 10 years when BSP and SP were in power they did nothing , now when the BJP is in power with an overwhelming majority what will be achieved by keeping this issue alive ?
              Reply
              1. T
                Tanbeer alam
                May 19, 2017 at 7:49 am
                No body talking about Yogi resignation even though he is direct accuse in this case.i am wondering if same thing happen with other party CM what stinking chaddis gang have been saying.
                Reply
                1. S
                  SR
                  May 19, 2017 at 1:07 pm
                  Abe Gaddhe Porkistani Treacherous Heathen, What the F#uck were u Green Chaddi gang doing for the past 10 1/2 years ???. Even worse things have happened by other politicians but it was swept under the carpet. What is the use of keeping an issue open for 10 1/2 years without acting on it??? Go to Porkistan
                  Reply
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                    Tushar
                    May 19, 2017 at 3:37 pm
                    Abey gadhe ka potha. May be many cases bad bern swept under carpet by Congress .Does that mean BJP can do the same ?but many of the culprits who has been in the higher post were arrested for corruption during Congress regjme ..x hsryana Mr choutala ,DMK maran kanimozhi kalmadu etc etc .. Tum logo ka case mai to court ko b culprit se a permission Lena padta hai
                    1. S
                      SR
                      May 19, 2017 at 4:56 pm
                      Abey gadhe ka #. Many cases bad bern swept under carpet by Congress .It is public pressure that made the the Corrupt Antinational Congress Treacherous I file cases and all of them under Judicial order so stop flapping. Specific question is it is 10 1/2 years since the speech and the Namazwadi Party and BSP were in power . They did not do anything and now , the BJP is in power - absolute power , so do you expect anything to come out of it ? Just keeping it alive without any action is only for coffee table discussions and hysterics. By the way is your real name Rahul hi ???
                      1. T
                        Tushar
                        May 19, 2017 at 5:16 pm
                        So u mean ...it's not because public is not pressuring .this government is not taking action against vadhra .... It's coz public was not bothered Maran was acquitted ? It's coz public was not pressuring Shashi tharur is still not taken to court ? Is it coz public is not pressuring the black money deposited abroad are not brought back ..now u would say ,Tarur and maran was freed by court ... What did this government do against that ..Did they go for any appeal ..? No ..nothing done ..now see karti absconded ...do u want public believe he left India without the knowledge of the governmnt ?buhahaha .... And now kalmadi is also released ... Governmnt did nothing about it ... Bas fekte rehte hai
                        1. K
                          kamal
                          May 20, 2017 at 4:19 am
                          YOOOOOGGGGGEEEEE MMMMOOOOODDDDDIIIII........DDDDDHHHOOOONNNGGGGEEE
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