Gorakhpur riots: HC summons UP chief secy with records
The Allahabad high court on Thursday summoned Uttar Pradesh chief secretary on May 11 with records of the 2007 Gorakhpur communal riots case wherein Yogi Adityanath (then MP and now chief minister too) is one of the accused.
Hearing a writ petition by Parvez Parwaz and Asad Hayat, a division bench, comprising justice Ramesh Sinha and justice UC Srivastava, directed the chief secretary to also bring the investigation report of the case as well as documents relating to grant of prosecution sanction (if procured) under section 153A of IPC.
As per law, the sanction to prosecute under Section 153A of IPC (inciting communal violence) is granted by the state government. The court directed the chief secretary to file personal affidavit in the matter.
Parwaz is the complainant in the case while Hayat is a witness.
The petitioners have requested the court to direct investigation, by an independent agency, into the case registered in 2008 in Gorakhpur against Adityanath and three others.
In the FIR at Cantonment police station of Gorakhpur, it was alleged that Adityanath, the then mayor of Gorakhpur Anju Chaudhri, then MLA Radha Mohan Agarwal and another person had incited communal violence and riots.
Stating that the matter is being investigated by CB-CID, the petitioners expressed apprehension that the state police may not be impartial in the matter and requested the investigation be transferred to an independent agency.