Why can’t Yogi Adityanath be prosecuted for 2007 Gorakhpur hate speech, Supreme Court asks UP government

yogi adityanath

New Delhi, Aug 20 : The Supreme Court on Monday asked the Uttar Pradesh government to explain in four weeks why Chief Minister Yogi Adityanath should not be prosecuted for an alleged hate speech he gave in 2007 in Gorakhpur against Muslims that triggered riots.

The court issued a notice to the state government while hearing a petition challenging the Allahabad High Court’s decision upholding the state’s decision to refuse persmission for prosecuting the chief minister.

The bench was hearing a petition filed by a local journalist Parvez Parwaz and Asad Hayat. Parwaz, was the complainant in the FIR while Hayat was a witness in the riot case.

Adityanath made a hate speech against Muslims in Gorakhpur in January 2007. Adityanath was then a BJP MP from the Lok Sabha constituency of Gorakhpur.

The petition said a hate speech by the Adityanath had triggered the riots in which one person was killed. Parwaz was a resident of Gorakhpur and had filed an FIR in connection with the riots and Hayat was a witness in the case.

In 2007, a Gorakhpur-based journalist, Parvez Parwaz, had filed a criminal complaint with the police against Adityanath for his speech and violence. When Adityanath became chief minister, his government told the Allahabad high court that it had decided to not prosecute him for the 2007 speech and violence.

The  government said according to  the findings of an official forensic examination the DVD of Adityanath’s said speech has been “tampered with”.

The high court had earlier this year upheld a sessions court order which had quashed a magistrate’s order taking cognizance of the chargesheet filed by the police in 2009.

While dismissing the petition, the high court had said the sessions court was right in holding that there was no prosecution sanction to initiate trial against the BJP leader and others in the case.

On January 27, 2007, several incidents of violence were reported in Gorakhpur district of Uttar Pradesh and Khan had lodged the FIR under various sections of IPC.

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