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Posted at: Aug 20, 2018, 7:39 PM; last updated: Aug 20, 2018, 9:36 PM (IST)HATE SPEECH CASE

SC notice to UP govt on petition against denial of sanction to prosecute CM

SC notice to UP govt on petition against denial of sanction to prosecute CM
It was on Parvaz’s plea that a magistrate court in Gorakhpur had in 2008 ordered registration of a criminal case against Adityanath for alleged hate speech that caused riots. AFP file photo

Tribune News Service
New Delhi, August 20

The Supreme Court on Monday asked the Uttar Pradesh government to respond to a petition challenging a February 2018 Allahabad High Court order accepting the state’s decision to decline sanction to prosecute Chief Minister Adityanath in an 11-year-old hate speech case.

A three-judge Bench led by Chief justice of India Dipak Misra also issued notice to the Uttar Pradesh government’s home department, Gorakhpur District Magistrate and Superintendent of Police on the petition filed by Parwej Parvaz asking them to file their response in four weeks.

The Bench, also comprising Justice AM Khanwilkar and Justice DY Chandrachud, posted the matter for further hearing after six weeks.

It was on Parvaz’s plea that a magistrate court in Gorakhpur had in 2008 ordered registration of a criminal case against Adityanath for alleged hate speech that caused riots. Contending that the state police investigation was shoddy and unscientific, he demanded an impartial probe into the case against the chief minister.

The Uttar Pradesh Principal Home Secretary had in May 2017 opined that the draft probe report of the CBCID did not have sufficient evidence to prosecute Adityanath. Also, the Central Forensic Science Laboratory had concluded that the CD provided by the complainant against Adityanath and four others was tampered with, the official had said while declining sanction to prosecute those named in the complaint.

The petitioner contended that the decision was vitiated as the Home Department was under the chief minister who could not be a “judge in his own cause”. He alleged the video recording of the alleged speech was available on YouTube.

However, the high court found no discrepancy in the probe into the case and dismissed Parvaz’s petition against decision denying permission to prosecute Adityanath. The CD was never sent for forensic examination, he had contended before the high court. 

 

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