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.
    Reply
    1. K
      kranti
      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
      Reply
      1. H
        Hindu
        May 12, 2017 at 2:51 pm
        All conflicts are always started by muslims .
        Reply
        1. A
          Ag
          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 .
          Reply
          1. B
            Bharat
            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.
            Reply
            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.
              Reply
              1. J
                jackal
                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.
                Reply
              2. M
                Mohan
                May 12, 2017 at 11:36 am
                Revenge is retaliation NOT HATE ! The kil of Raj Kumar Agrahari -- the cause of action -- have the culprits been booked and convicted by now ? IE tell us the full story
                Reply
                1. N
                  ncd
                  May 12, 2017 at 11:30 am
                  If u say something for hidus it would be treated as hate speech. its not wise. rather most muslims are involved for hate speech against all other religious people. their holy book is full of hate speech such as to kill all kafirs(all non Muslims) ironically the nonsense people of all other religions do not understand. and theu logically pfof spreading islam all over the world by them will destroy the w world. they are getting sympathy on the ground pf humanity all over the world. in muslim countries ethnic cleansing is happening directly or indirectly. why not in other religious based countries. the pople of Europe do not undetstand the devastation at present but realize it very soon. I wonder about their thoughts and knowledg. why don't theu restrict the influx of refugnees of Muslims in their country. why saiudi arabia and all other Muslim countries don't shelter them showing the name of humanity. only Christianity, Buddhists amd hindus are to show humanty. why
                  Reply
                  1. S
                    Sreenivasan
                    May 12, 2017 at 10:57 am
                    Now everybody is VIP. They said. So, why sue a VIP ? No permission to sue VIPs.
                    Reply
                    1. R
                      Ramkaran Kumhar
                      May 12, 2017 at 9:17 am
                      Muslims deliver hate speech against NOn muslims Hindus daily fives times and weekly Juma namaz Quraan reading Hadish quotes taking it pious to kill Hindus and contrarily file fake cases against HIndus to waste time of judicialry and har victimise HIndus. Before questioning blaiming hate speech on HIndus, judiciary should ask them first to remove Kafir abuses from quraan etc and then entertain hate speech cases by others because others do anything always in defense,
                      Reply
                      1. T
                        Truth
                        May 12, 2017 at 8:53 am
                        Clean chit to Modi, Shah, Yogi, and others to follow .....WHERE is the evidence that has already been destroy.ed ? ....BJP--the most honourable party incapable of any wrong doings !
                        Reply
                        1. H
                          hameed mohamed
                          May 12, 2017 at 8:32 am
                          yogi hate speech our justice depth favours big heads to keep the case pending for 10 years now no court can dare to touch Mr yogi he is now serving public
                          Reply
                          1. H
                            Hirnakshi Joshi
                            May 12, 2017 at 9:14 am
                            This is small thing to delay - even terrorist cases are dela - even something as old as the congress scams have been dela for decades altogether so this is a small thing in comparison.
                            Reply
                          2. V
                            vihari naidu
                            May 12, 2017 at 8:17 am
                            100 Conflict of interest. It's like US President Trump firing FBI Director who is looking into the case of Russian involvement in fixing US Elections.
                            Reply
                            1. M
                              Mahender Goriganti
                              May 12, 2017 at 8:02 am
                              But for the Islamic express's con reporting of lies as facts Yogi gov. has noting to do with how any gov in any country or state works including in US. Both the Secretary of State and attorney generals are political appointments with independent charges of cons utional responsibilities though work for the gov. in power.
                              Reply
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