Home Lead Story UP CM Adityanath may face trial following Allahabad High Court decision

UP CM Adityanath may face trial following Allahabad High Court decision

TwoCircles.net Staff Reporter

Lucknow : A city-based human rights organisation Rihai Manch has welcomed the decision of Allahabad High Court asking the Uttar Pradesh government to file a reply for not giving a sanction against Yogi Adityanath pending investigation in a case of spreading communal hatred under section 153 (A).

The Allahabad High Court has asked the state government to file a reply within three weeks for CBCID investigation into the case against Yogi Adityanath and others under section 153 (A) in a petition filed by social activists Pervez Parvaz and Asad Hayat after anti-Muslim communal riots in Gorakhpur in 2007.

In January 2007, tension escalated between Hindu and Muslim communities of Gorakhpur before the Muharram procession. Gorakhpur MP Yogi Adityanath sat on dharna with members of Hindu Yuva Vahini. On the night of January 7, 2007, Yogi Adityanath had delivered an inflammatory speech on the Gorakhpur railway station in the presence of member assembly Radhe Mohan Das and Mayor Anju Chaudhary. He had said that he would not let Muslims raise the Tazia and play Holi with their blood.

After the speech, the crowd had set fire to the shops of Muslims chanting inflammatory slogans – Katue kate jayenge, Ram Ram chillayenge (Muslims will be butchered and cry Ram-Ram). The police imposed a curfew and Yogi was arrested later on for violating and breaking the curfew. He was charged and jailed under Section 153A, Sections 146, 147, 279, 506 of the IPC.

The angry mob set ablaze the coaches of Mumbai-Gorakhpur Godan express. In the days that followed, several mosques, buses, trains and several other public properties were damaged. Apart from Gorakhpur, anti-Muslim violence also spread to the neighbouring areas including Deoria, Padrauna, Mahrajganj, Basti, Sant Kabeernagar and Siddarthanagar districts.

When officials including the then District Magistrate were transferred the day after the Yogi’s arrest, rumours erupted that Mulayam Singh Yadav was apparently helping Yogi Adityanath.

Even the Akhilesh Yadav government did not accord sanction for investigation during last two years. Rajeev Yadav, General Secretary of Rihai Manch, had accused Akhilesh Yadav of following the footsteps of his father Mulayam Singh, who had been preventing Sangh elements from judicial actions.

More importantly, no FIR was registered in this matter involving crore-worth of damages to Muslims after which the social activist Pervez Parvaz and Asad Hasad file a petition in Allahabad High Court seeking direction for FIR to be filed. But the court rejected the plea and directed to follow the procedure under section 156 (3).

Under the provision above, the matter complain was lodged before the CJM Gorakhpur, who rejected it after ten months. The matter was once again brought before the high court and finally, FIR could be lodged but the co-accused Anju Chaudhary took stay against the FIR and the investigation thereafter.

On Dec. 13, 2012 Supreme Court reject the SLP of Anju Chaudhary and ordered an investigation, but the UP government did not accord sanction.

Rihai Manch said it hoped that a fair trial is ensured by judiciary and Adityanath would be the first Chief Minister in office to go to jail.