Free Press Journal

Why should Yogi Adityanath not be prosecuted in hate speech case: SC asks Uttar Pradesh government

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New Delhi: The Supreme Court has asked the Uttar Pradesh government to respond within four weeks to a petition seeking prosecution of Chief Minister Yogi Adityanath in a case of hate speech in 2007.

The notice was issued on an appeal against the Allahabad High Court order rejecting the plea for action against Yogi. The High Court had upheld a decision by the Uttar Pradesh government denying sanction to prosecute the chief Minister in the case. An FIR was lodged at Kotwali police station in Gorakhpur against Yogi Adityanath, then a Member of Parliament, and several others on January 27, 2007, on 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 FIR had also claimed that Adityanath’s alleged hate speech had led to the riots, in which ten people were reported killed. Adityanath was arrested and sent to police custody for 11 days.


A case was registered by the police in 2008 and investigated by the Criminal Investigation Department of the UP police. After the investigation was complete, CID had sought sanction for prosecution. The Samajwadi Party government of Akhilesh Yadav was in power then, but did not sanction the same. The Uttar Pradesh government, in May 2017, closed the chapter by refusing to grant the mandatory sanction for the prosecution of the Chief Minister.