SC dismisses plea challenging denial of sanction to prosecute Yogi Adityanath

New Delhi [India] August 26 : The Supreme Court on Friday dismissed a plea challenging the decision to deny sanction to prosecute Uttar Pradesh Chief Minister Yogi Adityanath in a matter pertaining to hate speech in 2007.
A bench comprising Chief Justice of India NV Ramana, Justice Hima Kohli and Justice CT Ravikumar dismissed the appeal challenging an Allahabad High Court order.
After hearing the submission from both parties, the bench had recently reserved its order.
Earlier, a plea was filed by Parvez Parwaz challenging the order of Allahabad High Court in 2018. The petitioner Parvez Parwaz alleged that Yogi Adityanath, as a leader of an organization called 'Hindu Yuva Vahini' had been spreading hatred among two communities in a meeting held in Gorakhpur on January 27, 2007.
The Allahabad High Court while dismissing the plea, had said that it did not find any procedural error either in the conduct of the investigation or in the decision-making process of refusal to grant sanction or any other illegality in the order which may require any interference by this Court.
Meanwhile, the Law Department of Uttar Pradesh after examining the entire record submitted a report dated May 1, 2017, stating that in the absence of evidence there is no justification to grant sanction for prosecution. The Special Secretary Home agreeing with the opinion of the Law Department submitted a note dated May 1, 2017, for approval of the Principal Secretary Home.
The Principal Secretary Home agreed with the opinion of the Law Department and accordingly accorded approval to the opinion on May 3, 2017, and an order in this regard, which is impugned in the petition, was issued under the signature of the Joint Secretary.