SC reserves order on plea challenging denial of sanction to prosecute Yogi Adityanath in hate speech matter
Aug 24, 2022
New Delhi [India], August 24 : The Supreme Court on Wednesday reserved an order on 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 reserved the order on the plea.
After hearing the submission from both parties, the bench reserved its order.
The court was hearing a plea filed by Parvez Parwaz challenging an 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.
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.
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.
In 2015, CBCID sought sanction to prosecute and submitted a Draft Final Report (DFR)
indicating prima facie offences being made out u/s 143, 153, 153A, 295A, 505 IPC.
The Chief Secretary stated before Allahabad HC that the State Government had refused to sanction.
