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Why can’t Yogi Adityanath be prosecuted for hate

speech, Supreme Court asks UP govt
Adityanath was an MP from Gorakhpur when he allegedly gave an in ammatory speech outside the town’s railway station.
INDIA (HTTPS://WWW.HINDUSTANTIMES.COM/INDIA-NEWS/) Updated: Aug 20, 2018 23:16 IST

HT Correspondent
Hindustan Times, New Delhi

UP Chief Minister Yogi Adityanath addresses a press conference in Lucknow on August 7, 2018. (PTI)

The Supreme Court on Monday asked the Uttar Pradesh government to explain why chief minister
Yogi Adityanath should not be prosecuted in a case involving an alleged hate speech he had
delivered before the 2007 Gorakhpur riots.

A bench of chief justice of India Dipak Misra, and justices AM Khanwilkar and DY Chandrachud sent
notices to the state government, its home department, and the district magistrate and
superintendent of police of Gorakhpur on a petition challenging the Allahabad high court’s
February 2018 decision to accept the state’s refusal to sanction the prosecution of Adityanath.

The petition was led by Parwej Parvaz, on whose plea a magistrate’s court in Gorakhpur had in
2008 ordered the initiation of a criminal case against Adityanath and four others.

Senior advocate Aman Lekhi, on behalf of the UP government, accepted the notice to which a
response will be led within four weeks. The court will hear the matter in six weeks.
Adityanath, who was the BJP’s Gorakhpur MP in 2007, was accused of delivering provocative
speeches in the city during the Muharram procession, which allegedly led to communal clashes in
which one person was killed and several injured. Adityanath was arrested after the incident, but was
released two days later.

In his petition led against the February 23 high court verdict, Parvaz asked for an impartial
investigation into the case.

Refusing to grant a sanction to prosecute the chief minister, the state’s principal home secretary
had on May 3, 2017 said that the draft probe report led by the police’s CB-CID showed there was
insuf cient evidence to initiate a trial against Adityanath. The government had also noted that the
video evidence submitted by the complainant against Adityanath and four others -- sent to the
Central Forensic Science Laboratory in October 2014 -- had been “tampered” with.

Finding no discrepancy in the investigation into the 2007 Gorakhpur riots “hate speech” case, the
Allahabad high court had dismissed Parvaz’s petition. A plea to hand over the case to the Central
Bureau of Investigation was also denied.

Parvaz’s petition to the apex court said that the state’s home department was under Adityanath,
who could not be a “judge in his own cause.” Parvaz also submitted to the court that he had given a
written application to the police procure details of a television show in which the chief minister had
reportedly admitted to the incident.

The Uttar Pradesh government had earlier said that the video recording of the alleged hate speech
made by Adityanath was tampered with.

First Published: Aug 20, 2018 13:38 IST

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