2007 Gorakhpur riot: HC gives UP govt two weeks’ time to file reply to plea for making CM party in caselucknow Updated: Sep 15, 2017 16:44 IST
Uttar Pradesh chief minister Yogi Adityanath at Lokbhavan in Lucknow. (Subhankar Chakraborty/HT Photo)
The Allahabad high court on Friday granted the Uttar Pradesh government two weeks’ time to file its reply to an application requesting to make chief minister Yogi Adityanath a party to the petition filed in the 2007 Gorakhpur riot case and fixed October 9 as the next date of hearing.
The bench comprising justice Krishna Murari and justice Akhilesh Chandra Sharma passed the order while hearing a petition filed by Parvez Parwaz and Asad Hayat seeking a probe by an independent agency into the case. Parwaz filed the FIR in the case and Hayat is a witness to the decade old incident in which one person was killed and several others were injured.
The petitioners said Adityanath, then city mayor Anju Chaudhri, and then MLA Radha Mohan Agarwal should be made a party as they were named as accused in the complaint.
The petitioners said the government cannot be a judge in its own case and take a decision on the request to grant sanction to prosecute Adityanath. They also argued the forensic lab report, according to which the CD containing the alleged hate speech was doctored, was false and fabricated.
It also asked whether a judicial magistrate could proceed with a trial after the state government rejected sanction to prosecute the accused people.
The riot was sparked after Adityanath, who was then a BJP parliamentarian, allegedly made a provocative speech outside the town’s railway station.
Adityanath, who is also the chief priest of Gorakhnath shrine, was reacting to the death of Raj Kumar Agrahari, who was stabbed to death in a clash between Hindu and Muslim groups during Moharram processions. He was arrested and sent to jail for 15 days.