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In 2007 hate speech case, Yogi Adityanath govt denies sanction to prosecute Yogi

According to the FIR, Yogi Adityanath delivered speeches, allegedly seeking “revenge” for the death of the Hindu youth in the clash.

Written by Maulshree Seth | Lucknow | Updated: May 12, 2017 9:18 am
 Yogi adityanath, yogi adityanath prosecution, FIR against yogi, allahabad HC yogi adityanath, gorakhpur communal violence, yogi adityanath communal violence, UP govt, allahabad hc, india news, indian express The Yogi Adityanath government said this conclusion was reached by the Central Forensic Science Laboratory in October 2014. (Source: File Photo)

The Uttar Pradesh government informed the Allahabad High Court Thursday that it had refused sanction for the prosecution of Yogi Adityanath, former Member of Parliament and the current Chief Minister, and others named in an FIR for allegedly inciting communal violence in Gorakhpur in 2007. Chief Secretary Rahul Bhatnagar, who appeared before the bench comprising Justices Umesh Chandra Srivastava and Ramesh Sinha, filed an affidavit conveying the government’s decision. The bench was hearing a petition filed by Parvez Parvaz, complainant in one of the FIRs lodged after the 2007 incident. The next hearing in the matter has been scheduled for July 7.

S F A Naqvi, counsel for Parvaz, later said he had been granted time to file “an amendment application to challenge the refusal of sanction for prosecution”.

In its affidavit, the government said that sanction for prosecution under different IPC sections including 153 (A) — promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony — was refused because the CD, which was presented as the main evidence, had been “tampered” with. The government said this conclusion was reached by the Central Forensic Science Laboratory in October 2014.

Advocate General Raghvendra Singh later said: “It has been submitted before the court that the order for sanction has been refused because in October 2014 itself the report by the CFSL had found that the CD, which was the main evidence in the case, was tampered. Even before this government was formed, the Legal Remembrancer had sought this (CFSL) report on October 18, 2016.”

Asked about the transfer of the case to some other agency as sought by the petitioner’s counsel, Singh said, “The investigation has been completed and the main evidence, the CD, has been found to have been tampered with. So what else remains in the case to be transferred?” Naqvi, counsel for the petitioner, said, “Our main petition was to transfer the case from the state police to some independent central agency and to take action against the person who did not facilitate lodging of the FIR in the initial stage. As per direction of the court, we will now file an amendment application.”

The incident dates back to January 27, 2007, a day after one Raj Kumar Agrahari was injured — and later died — in a clash between two groups during a Muharram procession. Parvez Parvaz, a former Gorakhpur journalist and activist, tried to lodge an FIR but the police turned him away. It was only after intervention of the High Court — on September 26, 2008 — that he was able to file an FIR at the Cantonment police station.

According to the FIR, Adityanath delivered speeches, allegedly seeking “revenge” for the death of the Hindu youth in the clash. Parvaz claimed to have videos of these speeches.

On July 10, 2015, the Crime Branch-Criminal Investigation Department (CB-CID) of the UP Police sought sanction for prosecution from the Akhilesh Yadav government against Adityanath, then an MP, former MLC Y D Singh, MLA Radha Mohan Das Agarwal, former BJP Mayor Anju Chaudhary and former minister Shiv Pratap Shukla.

In its affidavit filed in court, the government said the report of the CFSL, dated October 13, 2014, found that videos in the DVD were not original and had been “edited and tampered”. It also mentioned that voice samples were not directly taken from Adityanath. It said the samples were taken by the Pipraich station in-charge from some other speech of Adityanath.

Parvaz said he was hopeful that justice would be done. “I want to ask them why are they afraid of investigation. For the past 10 years, affidavits and counter affidavits were filed, mentioning the CD. But now the government says the same CD is questionable,” he said.

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  1. S
    S. Gowrishankar,
    May 13, 2017 at 12:30 am
    Why not start a probe on Adityanath when he made hate speech from his mother's womb? There are reports that he made such comments that abused other religions and citizens which had the potential to create a major law and order problem. The government of India should probe this major problem and arrest Adityanath for this crime committed when he was in the womb of his mother. ADITYANATH HAS COMMITTED SERIOUS CRIME! HOW SMART SOME PEOPLE ARE WHO COULD HEAR ADIYANATH'S VOICE BEFORE HE WAS EVEN BORN. IF SOMEONE WANTS TO PROBE HIS HATE SPEECH IN 2007, THEN THIS SHOULD ALSO BE INVESTIGATED.
    1. K
      May 12, 2017 at 3:06 pm
      " However good a cons ution may be, it is sure to turn out bad because those who are called to work it, happen to be bad lot. However bad a cons ution may be, it may turn out to be good if those who are called to work it, happen to be good lot. "___BR Ambedkar
      1. H
        May 12, 2017 at 2:51 pm
        All conflicts are always started by muslims .
        1. A
          May 12, 2017 at 1:57 pm
          This is not a new news in India it is common thing now as country having politician who are90 criminal and official are mostly corrupt not to think of any good decision will be taken by them .
          1. B
            May 12, 2017 at 1:00 pm
            Quran Geeta Bible Mahabharat all books must be read within the context of that period when came as guidence to the people of that time. Muslims are marrying in jews Christians with no enmity. There is nothing as Hindu in that period.. Today is different world where West control Muslim world. Labor comes from subcontinent. Muslim leaders are directed and bombed at will. There is no religious order except control of power and resources. Even the public is controlled by weapon or through out of context version of faith. Read all faith with full naratives in details within context of time line, none say inhuman behaviour or injustice to individual.
            1. K
              Kamal Pasha
              May 12, 2017 at 2:25 pm
              Bharat : Just for your information, Islam allows marriages with Jews and Christians because all these three religions believe in ONE GOD.
              1. J
                May 12, 2017 at 4:36 pm
                west is creating war zones throughout the world to keep their weapons industry busy and profitable. The poor muslims, who are mostly in war zones are fighting a battle of survival. In this game of oneupmanship, the secondary super powers are also involved. Muslim countries are just pawns and masses are suffering immensely. p akistan knows that it cannot take on India directly. But behind all the mischief, being pla by this country, there are two big players, playing their own games. Hope our govt understands this and treads cautiously.
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