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Two months after it had told the Allahabad High Court that it was refusing sanction to prosecute Chief Minister Yogi Adityanath and others in a 2007 case of hate speech and inciting communal violence in Gorakhpur, the state government on Friday told the HC that the principal secretary (Home) had “found it appropriate to accept the opinion of the law department”, which had refused nod to prosecute the CM.
The principal secretary (Home) who is responsible for deciding whether to sanction prosecution in a matter.
The government maintained that only when the principal secretary (Home) differs with the opinion of the law department, “the matter is sent to a higher level”.
In an affidavit on Friday, it said: “In this case, the principal secretary (Home) found it appropriate to accept the opinion of the law department in view of facts and circumstances of the case and hence, there is no flaw in passing of order dated 03.05.2017.”
The court was hearing a petition filed by Parvez Parvaz, who had challenged the government’s refusal to give permission to prosecute Adityanath in the 2007 case.
Advocate General Raghvendra Singh, appearing on behalf of the government, said: “No argument took place in the case today. The government filed its counter affidavit and the petitioner sought time to file his reply. Thus, July 27 has been fixed as the next date for hearing.”