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NEW DELHI: The Supreme Court on Friday rejected a plea challenging Allahabad high court verdict which had upheld Uttar Pradesh government’s refusal to grant sanction to prosecute CM Yogi Adityanath in an alleged hate speech case of 2007.
The top court said it was keeping open the question of law relating to grant of sanction or denial of it for determination in an appropriate case later.
“In the above circumstances, we do not think it is necessary to go into the legal questions relating to grant of sanction. Consequently, the appeal is dismissed. The question of law is left open”, Justice Ravikumar said as part of the judgement.
A three-judge Bench led by Chief Justice of India NV Ramana had reserved the verdict on Wednesday after hearing petitioner Parvez Parwaz’s counsel Fuzzail Ayyubi and senior counsel Mukul Rohatgi, representing the UP government.
In its verdict delivered in February 2018, the high court had said it has not found any procedural error either in the conduct of an investigation or in the decision-making process of refusal to grant sanction to prosecute.
An FIR was lodged at a police station in Gorakhpur against Yogi Adityanath, then a member of Parliament, and several others on alleged charges of promoting enmity between two groups. It was alleged that several incidents of violence were reported in Gorakhpur on that day after an alleged hate speech by Adityanath.
The top court said it was keeping open the question of law relating to grant of sanction or denial of it for determination in an appropriate case later.
“In the above circumstances, we do not think it is necessary to go into the legal questions relating to grant of sanction. Consequently, the appeal is dismissed. The question of law is left open”, Justice Ravikumar said as part of the judgement.
A three-judge Bench led by Chief Justice of India NV Ramana had reserved the verdict on Wednesday after hearing petitioner Parvez Parwaz’s counsel Fuzzail Ayyubi and senior counsel Mukul Rohatgi, representing the UP government.
In its verdict delivered in February 2018, the high court had said it has not found any procedural error either in the conduct of an investigation or in the decision-making process of refusal to grant sanction to prosecute.
An FIR was lodged at a police station in Gorakhpur against Yogi Adityanath, then a member of Parliament, and several others on alleged charges of promoting enmity between two groups. It was alleged that several incidents of violence were reported in Gorakhpur on that day after an alleged hate speech by Adityanath.
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