Yogi govt issues order to scrap case against Yogi Adityanath

According to records of the Pipiganj police station, the case under IPC section 188 (disobedience to order duly promulgated by public servant) was filed against Yogi Adityanath and 14 others on May 27, 1995 for holding a meeting in Pipiganj town despite imposition of prohibitory orders by the district administration.

Written by Manish Sahu | Lucknow | Updated: December 27, 2017 10:46 am
Yogi government issues order to scrap case against Yogi Adityanath Uttar Pradesh Chief Minister Yogi Adityanath. (Express photo by Vishal Srivastav)

A day before the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Bill, 2017 was tabled in the state assembly on December 21 — the Bill proposing abatement of certain proceedings pending before magistrates until December 31, 2015 was passed the next day — the Yogi Adityanath government ordered withdrawal of a 1995 case in which he, Shiv Pratap Shukla (now Minister of State for Finance at the Centre), Sheetal Pandey (BJP MLA from Sahajanwa) and ten others were booked for violating prohibitory orders.

The case, lodged at Pipiganj police station in Gorakhpur district, was pending in a local court which had earlier directed that non-bailable warrants (NBWs) be issued against the accused for non-appearance before it. Prosecution Officer, Gorakhpur, B D Mishra, said: “The court had ordered NBWs against all named but the warrants were not issued then.”

On December 20, the state government sent a letter to the District Magistrate, Gorakhpur, directing that an application be filed to withdraw the case before the court. The government order stated that based on a letter received from the District Magistrate on October 27 and after scrutinising facts of the case, it had been decided to withdraw the case. The letter mentioned the names of Yogi Adityanath, Shiv Pratap Shukla, Sheetal Pandey and ten others.

Gorakhpur Additional District Magistrate, City, Rajneesh Chandra confirmed that the order for filing an application to withdraw the case had been received. “The Prosecution Officer has been asked to file the withdrawal application in the appropriate court. Apart from the CM, the letter also has names of Union Minister Shiv Pratap Shukla and MLA Sheetal Pandey,” Chandra said.

According to records of the Pipiganj police station, the case under IPC section 188 (disobedience to order duly promulgated by public servant) was filed against Yogi Adityanath and 14 others on May 27, 1995 for holding a meeting in Pipiganj town despite imposition of prohibitory orders by the district administration.

Prosecution Officer Mishra said: “After the FIR was lodged, the district administration submitted documents related to the charges and the case in the local court. The court issued summons to all accused and when they did not respond, the court ordered NBWs against them around two years ago.”

“I have received the state government letter directing that a withdrawal application be filed in the court. The application sent by the state government has 13 names including Yogi Adityanath. We will move the withdrawal application in the court after the winter vacation,” Mishra said.

When his comments were sought, Minister of State Shiv Pratap Shukla said, “I do not recall the meeting. The matter is 22 years old. I am not aware about any case or NBW against me.”

MLA Sheetal Pandey’s son Digambar said his father was named in the case lodged at the Pipiganj police station in 1995.

On December 21, before the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Bill, 2017 was tabled, Yogi Adityanath told the Assembly that there were about 20,000 ‘politically-motivated’ cases that had been registered in the state for mere “dharna pradarshan” (demonstrations), and for which warrants were issued, sometimes years later. He said the amendment to the law would end all such cases.

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  1. Shams Iqbal
    Dec 28, 2017 at 12:34 pm
    Is this a joke,the accused person himself declares to scrap case filed against him,really we r moving at a fast pace in our endeavour to become word’s NO1
    (33)(3)
    Reply
    1. Rajeev Nayan Ghuwalewala
      Dec 28, 2017 at 3:56 am
      Criminal case filing by police on behest of ruling political party against political and business rivals is common phenomenon in India which is very shameful, police and other government agencies are misused to settle scores.
      (25)(5)
      Reply
      1. Subba Rao Venkata Vure
        Dec 27, 2017 at 7:51 pm
        In the first place the District Court should pull up the prosecution officer for bringing 22 years old case. Next the court should pull its registrar or whoever responsible for not listing the case and throw all such cases into dustbin mercilessly. All courts must fix a time frame for completing the cases and lawyers who seek postponements repeatedly must be penalised initially and barred from practising some subsequently. Only harsh measures will reduce burden on courts.
        (13)(17)
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        1. suresh VRG
          Dec 27, 2017 at 7:48 pm
          1995 to 2017 22 years. 22 years when Namazwadi Party was in power and also BSP. Why did they all not act against Yogi Adityanath ??? 1992 Babri Masjid demolition Case against LK Advani etc files in 2017.Same situation. Why did they all not act against LK Advani ? 1984 Anti-Sikh genocide 33 years have gone by yet the "Honourable" SC deems it fit to grant stay order against proceeding against Sajjan Kumar. 19 Jan 1990 is the darkest day for Kashmiri Pandits. They were "ethnically cleansed" from their motherland. Yet today after 27 years of misery and agony, they have become all but a sadly forgotten footnote in History. Any mention of the Kashmiri Pandits evokes a typical reaction from our secularists - YAWN ......... Justice delayed is justice denied and therefore meaningless. A matter of shame and disgrace for our Judiciary
          (36)(25)
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          1. Subhendu Giri
            Dec 27, 2017 at 6:06 pm
            Isn't it very amazing to have such elected Chief Minister? I always wonder what is the profession of any Lawyer or Judge? How people gets motivated to study law? What they learn in this subject? Present Lawyer/Judges will retire some day and again today's student who are studying law will become lawyer/judge by tomorrow. As Indian Express doesn't allow to copy any phrase from their article, unable to paste here- else plenty of fluctuations can be seen from judiciary point. Court ordered NBW 2 years back, accused is not aware of it! What does it conclude?
            (24)(3)
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            1. Rowena Deborah Lilian
              Dec 28, 2017 at 7:11 am
              It concludes that the accused is a liar!
              (10)(1)
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