ALLAHABAD: The Allahabad high court on Thursday dismissed a writ petition challenging the Uttar Pradesh government’s refusal to grant sanction to prosecute chief minister Yogi Adityanath in the Gorakhpur riot case of 2007 . The petition filed by Parvez Parwaz and Asad Hayat had also sought that the probe be handed over to an independent agency. Yogi, then MP of Gorakhpur, is one of the accused in the case.The petitioners submitted in their plea that one cannot be a judge in his own case and also claimed that the forensic lab report, stating that the CD containing the alleged hate speech in the case was doctored, is false and fabricated. The state government had on May 3, 2017 refused to grant sanction to prosecute Yogi.On Thursday, a division bench comprising Justice Krishna Murari and Justice Akhilesh Chandra Sharma dismissed the petition while observing that the court does not find any procedural irregularity in the order of refusal to grant sanction to prosecute the accused in this case. Further, no error in the investigation has been found. Hence, no interference of the high court is called for under Article 226 (writ jurisdiction) of the Constitution.Earlier on December 18, 2017 the court had reserved its judgment after hearing counsels for the petitioner and the state at length. Communal riots had erupted in Gorakhpur following the killing of a Hindu youth on January 27, 2007 in clashes between Hindu and Muslim groups during a Moharram procession. The administration had to impose curfew in riot-affected areas following the violence. It is alleged that the riots were sparked after a provocative speech by Yogi on the youth’s death. Subsequently, Yogi was arrested and remained in jail for a few days before being granted bail.However, following a court order, an FIR was lodged at the Cantonment police station of Gorakhpur on November 2, 2008, by Parwaz alleging that Yogi, then mayor of Gorakhpur Anju Chaudhri, then MLA Radha Mohan Agarwal, and another person had incited violence and riots.The FIR was lodged under Sections 302 (murder), 395 (dacoity), 295B (inciting communal violence), 153A (delivering hate speech) and others.Later, Parwaz filed a writ petition in Allahabad high court seeking probe by an independent agency.Stating that the matter is being investigated by the CB-CID, the petitioner expressed the apprehension that the state police may not be impartial in the matter and requested that the investigation be transferred to an independent agency.Later, the state counsel informed the court that a closure report has been filed by the CB-CID in the matter on May 9, 2017.During the course of hearing, on November 7, 2017, this division bench barred the media from reporting on proceedings of the case after the state government pointed out that the court’s observations were being reported out of context and very often misquoted.

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