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Allahabad HC to hold final hearing in 2007 Gorakhpur riots case on Friday

The case pertains to one person being killed and several others injured in Gorakhpur after an alleged provocative speech by Yogi Adityanath, who was then an MP.

india Updated: Jul 28, 2017 00:46 IST
Jitendra Sarin
Jitendra Sarin
Hindustan Times, Allahabad
Gorakhpur riots,Yogi Adityanath,Modi
Uttar Pradesh chief minister Yogi Adityanath is an accused in the Gorakhpur riots case.(PTI File Photo)

The Allahabad high court on Thursday fixed July 28 for the final hearing in the 2007 Gorakhpur riots case, in which chief minister Yogi Adityanath is an accused.

The division bench of justice Krishna Murari and justice Akhilesh Chandra Sharma was hearing the writ petition filed by Parvez Parwaz and Asad Hayat and passed the above order after the petitioners filed a rejoinder affidavit to the counter affidavit filed by the state government on July 7.

One person was killed and several others were injured in Gorakhpur after an alleged provocative speech by Adityanath, who is also the head of a powerful local Hindu sect, outside the railway station. The then MP was reacting to the killing of a Hindu youth Raj Kumar Agrahri, who was stabbed to death in a clash between Hindu and Muslim groups during a Moharram procession.

Earlier, the state government said in its counter affidavit that the CD containing hate speech of politicians was doctored and that the petition was politically motivated. Principal secretary (home) on May 3 declined to grant prosecution sanction against the accused in the case. The decision was taken by the principal secretary (home) as per the opinion of the law department on the basis of forensic report and other evidence collected by investigating officer.

Read: Yogi Adityanath can’t be prosecuted in Gorakhpur riots case: UP govt to HC

The petitioners in their rejoinder affidavit said the state government’s claim that the CD was doctored was false. They also said the principal secretary (home) was not the competent official who could take a decision on a request to grant sanction against a sitting CM.

Parwaz filed the FIR in the case while other petitioner Asad Hayat is a witness to the decade old incident.

The petitioners requested the court to direct an investigation by an independent agency into the FIR registered in 2008 in Gorakhpur against the then local MP Yogi Adityanath and three others.

In the FIR lodged with the Cantonment police station of Gorakhpur, Parvez Parwaz accused Adityanath, the then city mayor Anju Chaudhri, the then MLA Radha Mohan Agarwal and one more person of inciting communal violence.

The petitioners expressed the apprehension that the state police may not be impartial in the probing the matter.

First Published: Jul 28, 2017 00:39 IST