Hate speech case: High Court allows challenge to govt ‘no’ on sanction to prosecute Yogi Adityanath

The bench gave petitioners’ counsel, Farman Naqvi, a day to submit an amended writ petition, which will be heard on August 9. The amended writ petition will challenge Adityanath’s May 3 order refusing to grant sanction to prosecute himself in the case.

Written by Sarah Hafeez | Allahabad | Updated: August 1, 2017 10:32 am
yogi adityanath news, allahabad high court news, india news, indian express news Chief Minister Yogi Adityanath. (File/Photo)

The Allahabad High Court on Monday permitted the petitioners to challenge the UP government’s refusal to grant sanction to prosecute Chief Minister Yogi Adityanath — the prime accused in the 2007 Gorakhpur hate speech case. A two-member bench dismissed the UP government’s objections to the petitioners’ contention that the prime accused had become the CM of the state and is thus, influencing the case in his favour. It also pulled up the state advocate general for being absent during hearings in the “important and serious case”.

While hearing final arguments in the case, the bench had last week observed that people “cannot be left remedy-less” while asking the state counsel to substantiate what legal remedies were the petitioners left with when the state, in its May 3 order, had refused to grant the mandatory sanction for the prosecution of the chief minister.

State Advocate General Raghvendra Singh, appointed in April by the new government, on Monday “contradict(ed)” his fellow counsel, Additional Advocate General Manish Goel, when he said a magistrate did not have the power to take cognisance of a case and begin trial despite a refusal by the Centre or state in granting sanction to prosecute.

Last week, additional advocates general Manish Goel and A K Mishra had argued that the petitioners did not need to challenge the UP government’s order in court because they had an “alternate remedy” of filing a protest petition before a magistrate if they were not satisfied with the investigation.

Dismissing both Singh and Goel’s arguments as “meaningless”, the bench told Singh: “There will be absolutely no alternate remedy for the petitioner… Decide amongst yourselves what argument you want to put forward… There is lack of conferencing amongst yourselves.”

“We are passing a restraint order on the advocate general to remain here in Allahabad. You must have come down today and that is why you are not on the same page (with fellow counsels)… Stay here at least for this case… For most of the time, you are away in Lucknow when the principal seat of the advocate general is Allahabad… This is such a serious matter,” it added.

Eventually noting that the state counsel could not “substantiate” its primary objections to the petitioners’ request for an amendment to the original writ petition, the bench dismissed the UP government’s plea for a rejection of the amendment.

The bench gave the petitioners’ counsel, Farman Naqvi, a day to submit an amended writ petition, which will be heard on August 9. The amended writ petition will challenge Adityanath’s May 3 order refusing to grant sanction to prosecute himself in the case.

“In the fresh petition, we are highlighting the imminent bias arising in the legal process by virtue of the changed circumstances of the prime accused becoming the CM of the state overseeing the investigation of the case,” Naqvi told The Indian Express.

The original writ petition filed by Parvez Parwaz and Asad Hayat — through Naqvi — had asked for the probe of the case to be transferred to an independent agency because the “UP Police was deliberately delaying investigation”.
On Monday, Parwaz said he will request the state government to provide him and his family security cover. He said he will write to the Gorakhpur district administration for the same. “Our amendment application has been accepted by the court. I had sought to take into view the changed scenario and requested that the decision of the state to refuse sanction to prosecute the chief minister be rejected. While the next hearing is due on August 9, the other side is not left with any option. Thus, I fear for my life now even more,” he added.

“While I had requested the court in 2008 also for security, I will now write to the district administration. I know that the state is headed by one of the accused in the case but where else can I go?” he said while denying that he has received threats.

With inputs from Lucknow

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  1. Joykutty Cherian
    Aug 1, 2017 at 3:30 pm
    Does our Cons ution prescribes any special protection to a person if he just becomes a CM or other similar authority..? Does the character of the offense changes just because somebody changes his profession...?
    1. P
      Parth Garg
      Aug 1, 2017 at 1:45 pm
      BJP is prosecutor and judge in all cases involving its members. This is the new rule of law in India. The pe ion will be dismissed on August 9.
      1. D
        Aug 1, 2017 at 1:32 pm
        This is yet another case were the sickulars stand exposed.For 9 years since 2008 when the incident took place ,UP was ruled by self certified sickulars Maya And Maulana.When the case came up for hearing the successive Govts did nothing but indulged in delay ,fearing that if they allow sanction it will alienate the Majority voter.But little did they know that there Bluff(Oppurtunism) in the name of fair rule was already known to the masses and they booted Maulanas son and Behenji out. What comes out is easy to predict ,Given the record in the past in such cases. But inaction of Maya and Ahilesh is glaring to miss out.
        1. P
          Aug 1, 2017 at 1:31 pm
          Justice has different definition for ppl in power. Law and order is only for common man. Mera Bharat Mahan!!!
          1. S
            syed ansar
            Aug 1, 2017 at 1:06 pm
            What else can be expected from government which believes in fascism...but world knows their ideal fascist hitler committed suicide at the end....the logical consequence of hollow and bankrupt ideology....they are thinking that they can murder democracy and federalism at their will and impose their ideology..... they are day-dreaming .....it is just matter of time they will be wiped out by our strong democracy...
            1. C
              Aug 1, 2017 at 11:34 pm
              we hope no sickulars will be back to the power of India and Islamic Mafias and IS will reign in India. You should not see such day dream. Hopeless.
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