Summary:
ALLAHABAD: The Allahabad High Court on Thursday dismissed a writ petition challenging the order of state government, whereby it had refused to grant sanction to prosecute the chief minister, Yogi Adityanath , in connection with Gorakhpur riot case of 2007. However, ignoring this legal point, the state government had on May 3, 2017, refused to grant sanction to prosecute the chief minister in the case. Further, no error in the investigation is also found. In the writ petition, it was also sought that the probe of the Gorakhpur riot case of 2007 be handed over to an independent agency.Yogi Adityanath, the then MP of Gorakhpur, is one of the accused in the case.Dismissing the writ petition filed by Parvez Parwaz and Asad Hayat, a division bench comprising Justice Krishna Murari and Justice Akhilesh Chandra Sharma observed, “The court do not find any procedural irregularity in the order of refusal to grant sanction to prosecute the accused in this 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..