2007 Hate speech: SC dismisses plea against Allahabad HC order involving Yogi Adityanath
NEW DELHI: Granting relief to Uttar Pradesh Chief Minister, Yogi Adityanath, the Supreme Court bench led by CJI NV Ramana on Friday dismissed the petitions challenging Allahabad HC’s order of upholding the State Government’s refusal to allow sanction for prosecuting CM in 2007 hate speech case.
“In view of the above circumstances, we do not think it is necessary to go into the legal questions relating to grant of sanction. Consequently, the appeal is dismissed. The question of law is left open,” the bench also comprising Justices Hima Kohli and CT Ravikumar said while delivering the judgement.
On August 20, 2018, SC had sought response from the State of Uttar Pradesh.
Several incidents of violence were reported in Gorakhpur on January 27, 2007 after the alleged hate speech by Adityanath, who was then the BJP parliamentarian from Gorakhpur. The petitioners had alleged that Yogi’s hate speech led to riots in Gorakhpur. Ten people were reported dead in the Gorakhpur riots. In 2008, CJM allowed the application and directed PS Gorakhpur to register a case.
UP police in 2008 registered a case u/s 153, 153 A, 153 B, 295, 295 B, 146, 143, 395, 436, 435, 302, 427 and 452 IPC r/w section 7 of Criminal Law Amendment Act. The police in 2008 registered a case and an order was passed by the State Government in November 2018 asking the Criminal Investigation Department or CID of the UP police to investigate. The CID completed the investigation in 2015 and had sought sanction for prosecution from the State that year.
The Samajwadi Party government of Akhilesh Yadav was in power in UP then in 2017 did not sanction prosecution. Dismissing the plea, the HC had upheld a decision by the Uttar Pradesh government to deny sanction to prosecute Yogi Adityanath in the case.