Plea seeking denial of sanction against UP CM in Gorakhpur riots dismissed

The Supreme Court on Friday dismissed a plea challenging denial of sanction to prosecute Uttar Pradesh Chief Minister Yogi Adityanath in a case pertaining to the alleged hate speech in 2007.

A bench headed by Chief Justice N V Ramana noted that a closure report has already been filed by the investigating agency,

"Having heard the parties and considered the material placed on record, we are in agreement with Senior counsel appearing for the respondent that the subsequent events have rendered the present appeal into a purely academic exercise," the bench also comprising Justices Hima Kohli and C T Ravikumar said.

The top court said 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.

The apex court said that in the instant case, a short affidavit was filed wherein it is stated that the investigation was closed.

"This position is not disputed by the appellants. Thus, as of now, the position that emerges is that the investigation has culminated in a closure / refer report.

"In the aforesaid circumstances, 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. However, we think it appropriate that the legal questions on the issue of sanction be left open to be considered in an appropriate case," the bench said.

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 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.