Activist who filed petition against Yogi in 2007 convicted of rape, gets life term
In February 2018, the Allahabad High Court dismissed a writ petition filed by activist Parwez Parvaz and his colleague Asad Hayat, challenging the UP government’s refusal to grant sanction to prosecute Adityanath in the hate speech case.
In 2007, Parvaz had moved the Allahabad High Court seeking registration of an FIR against Yogi Adityanath, who was then an MP from Gorakhpur, alleging that he gave a hate speech. (File photo)
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The district sessions court of Gorakhpur in Uttar Pradesh has convicted activist Parwez Parvaz, 65, in a 2018 gangrape case and sentenced him to life imprisonment along with another co-accused.
In 2007, Parvaz had moved the Allahabad High Court seeking registration of an FIR against Yogi Adityanath, who was then an MP from Gorakhpur, alleging that he gave a hate speech. In 2018, after the High Court allowed the UP government to not prosecute Adityanath — now the chief minister of UP — Parvaz filed a petition in the Supreme Court against the order.
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Parvaz was arrested in September 2018 after a 40-year-old woman accused him and Mehmood alias Jumman Baba (66) of gangrape on June 3, 2018.
In her police complaint, the woman had alleged that she had gone to the house of Jumman Baba on June 3, 2018 for “seeking remedies” for her marital problems, when he took her to an isolated place and raped her at gunpoint along with “someone who Jumman called Parvez bhai”.
“District and Sessions Judge Govind Vallabh Sharma on Tuesday sentenced the two accused – Parwez Parvaz and Mehmood alias Jumman – to life imprisonment. The court also imposed a fine of Rs 25,000 each on both and ordered that Rs 40,000 from the fine be given to the gangrape victim,” government counsel Yashpal Singh said.
Parvaz’s lawyer Miftahul Islam, meanwhile, said that they will be challenging the conviction in a higher court.
Islam alleged that the court did not allow the defence to submit written arguments on Tuesday. “Without concluding the arguments, the judgment was pronounced. There were no arguments and we were not allowed to submit our written arguments as well,” Islam said.
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But the government counsel said that lawyers were given enough time to submit their arguments. “They (the defence counsels) were stalling the court proceedings in order to delay it. They had ample time to argue. The court proceedings were held as per the law,” Yashpal Singh said.
In May 2017, after the BJP came to power in UP and Adityanath became the CM, the state government refused to give sanction to prosecute Adityanath and four other BJP leaders in the 2007 hate speech case.
The state had refused to grant sanction, saying the “video evidence (CD)” sent to the Central Forensic Science Laboratory in 2014 was “tampered” with.
In February 2018, the Allahabad High Court dismissed a writ petition filed by Parvaz and his colleague Asad Hayat, challenging the UP government’s refusal to grant sanction to prosecute Adityanath in the hate speech case.
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“The Special Leave Petition against the High Court judgment is pending in the Supreme Court,” S Farman Naqvi, the counsel for Parvaz and Hayat told The Indian Express.
Asad Rehman is with the national bureau of The Indian Express and covers politics and policy focusing on religious minorities in India. A journalist for over eight years, Rehman moved to this role after covering Uttar Pradesh for five years for The Indian Express.
During his time in Uttar Pradesh, he covered politics, crime, health, and human rights among other issues. He did extensive ground reports and covered the protests against the new citizenship law during which many were killed in the state.
During the Covid pandemic, he did extensive ground reporting on the migration of workers from the metropolitan cities to villages in Uttar Pradesh. He has also covered some landmark litigations, including the Babri Masjid-Ram temple case and the ongoing Gyanvapi-Kashi Vishwanath temple dispute.
Prior to that, he worked on The Indian Express national desk for three years where he was a copy editor.
Rehman studied at La Martiniere, Lucknow and then went on to do a bachelor's degree in History from Ramjas College, Delhi University. He also has a Masters degree from the AJK Mass Communication Research Centre, Jamia Millia Islamia. ... Read More