New Delhi, August 26
The Supreme Court on Friday dismissed a petition challenging an Allahabad High Court order upholding denial of sanction to prosecute UP Chief Minister Yogi Adityanath in a 15-year-old hate speech case.
“We do not think it necessary to go into the contentions raised by both sides on the issue of denial of sanction for prosecution and the legal pleas sought to be raised in relation to the said issue,” said a three-judge Bench led by Chief Justice of India NV Ramana.
However, it said, “We think it appropriate that the legal questions on the issue of sanction be left open to be considered in an appropriate case.”
“It appears from the record that the forensic report of the CD which forms the basis of the prosecution was found to be tampered with and edited as per the report dated 13.10.2014, submitted by the CFSL which position has not been disputed by the appellants herein,” the top court said, dismissing the petition filed by Parvez Parvaz.
Parvaz had challenged the February 22, 2018, Allahabad High Court order accepting the state’s decision to decline sanction to prosecute Chief Minister Yogi Adityanath in the case. Adityanath had made certain anti-Muslim remarks while addressing “Hindu Yuva Vahini” activists in a meeting in Gorakhpur on January 27, 2007, he alleged. He has questioned the legality of the UP Government’s May 3, 2017 decision declining sanction to prosecute him and the filing of closure report in the case.
