The Allahabad High Court on Wednesday dismissed a plea challenging the closure report in a 2007 hate speech case against Uttar Pradesh Chief Minister Adityanath, reported Bar and Bench.
Justice Dinesh Kumar Singh also fined petitioner Parvez Parwaz Rs 1 lakh, observing that he had been involved in the case since 2007 and would have had to spend a significant amount of money on legal counsel.
The court added that the petitioner’s resources to contest the case should be a matter of investigation.
The case against Adityanath pertains to the events of January 2007 when riots broke out in Gorakhpur and surrounding areas. Adityanath was then the Bharatiya Janata Party MP from Gorakhpur.
On the night of January 26, a group of men allegedly misbehaved with women of a musical troupe and then joined a passing Moharram procession. There was firing on the procession, following which clashes broke out, in which a Hindu man was killed.
The next evening, violating Section 144 that prohibits the assembly of more than four persons, Adityanath had delivered a speech outside Gorakhpur railway station. A day later, violence spread beyond Gorakhpur, resulting in two more deaths as well as extensive damage to homes, shops and vehicles.
At Thursday’s hearing, the judge found substance in submissions of Additional Advocate General Manish Goyal that the “petitioner is an impostor” set up by the forces against Adityanath, who do not want Uttar Pradesh and India to progress, reported The Indian Express.
“It is for the state to investigate the said aspect, however, this court does not want to say anything further or give any direction in this regard,” the judge added.
Parwaz had first moved the Allahabad High Court in 2007 against Adityanath after which the court ordered that a first information be filed against the BJP leader. The petitioner then again moved the High Court, alleging that the investigation in the case was not being conducted in a fair manner.
In 2017, as the plea was being heard, the Adityanath-led Uttar Pradesh government refused to grant permission to prosecute the chief minister after the police filed a closure report.
In 2018, the High Court ruled that there was no procedural error in the conduct of the investigation, refusal of prosecution sanction or any other illegality that warranted its interference. Parwaz then moved the Supreme Court and challenged the government’s decision to not prosecute Adityanath.
The Supreme Court, however, dismissed the petition in August, noting that the closure report has been filed and that the petitioner has challenged it before a trial court. The court, however, left the matter of refusal to grant prosecution open.
Three months later, the trial court ruled that the legality of grant of prosecution cannot be revisited and it has already been heard before the Supreme Court.
Parwaz then moved the High Court against the trial court’s order.