Allahabad: The Allahabad high court on Thursday dismissed a writ petition challenging refusal to grant sanction to prosecute Chief Minister Yogi Adityanath in Gorakhpur riot case of 2007.
The writ petition sought probe by an independent agency into the Gorakhpur riot case. Yogi Adityanath, the then MP of Gorakhpur, is one of the accused in the case.
Earlier, after hearing counsel for the petitioner and state counsels at length, the court had reserved its judgment on December 18, 2017.
In the writ petition filed by Parvez Parwaz and Asad Hayat, a request was made to direct an investigation by an independent agency into the FIR registered in 2008 in Gorakhpur against Yogi and three others.
While the first petitioner, Parwaz, filed the FIR in this case, the other petitioner, Hayat, is a witness to the decade-old incident.
The petitioners’ plea is that one cannot be a judge in his own case. However, ignoring this legal point, the state government on May 3, 2017, refused to grant sanction to prosecute the chief minister in the case. Further, the forensic lab report stating that the CD containing the alleged hate speech in the case was doctored is false and fabricated.
At one stage, the court had asked whether a judicial magistrate could proceed with a trial after the state government declined to grant sanction to prosecute the accused persons in the case.
In the FIR filed at Cantonment police station of Gorakhpur, it was alleged that Yogi, the then mayor of Gorakhpur Anju Chaudhri, then MLA Radha Mohan Agarwal and another person had incited communal violence and riots in Gorakhpur.