New Delhi, August 20: The Supreme Court asked the government of Uttar Pradesh Monday to explain in four weeks why Chief Yogi Adityanath should not be prosecuted for an alleged hate speech he gave in 2007 in Gorakhpur against Muslims who caused riots.
The court made a notification to the state government when it came across a petition in which it challenged the decision of the Supreme Court of Allahabad, maintaining the State's decision to refuse entry to the Prime Minister's prosecution.
The court heard a petition filed by a local journalist Parvez Parwaz and Asad Hayat. Parwaz, was the complainant in the FIR while Hayat was a witness in the riot case.
Adityanath held a hate outburst against Muslims in Gorakhpur in January 2007. Adityanath was then a BJP member of parliament of the constituency Lok Sabha in Gorakhpur.
The petition said that a hate speech by the Adityanath caused the riots in which a person was killed. Parwaz was a resident of Gorakhpur and had filed an FIR in connection with the riots and Hayat was a witness in the case.
In 2007, a journalist from Gorachpur, Parvez Parwaz, filed a complaint with the police against Adityanath for his speech and violence. When Adityanath became prime minister, his government told the Supreme Court of Allahabad that it had decided not to prosecute him for the speech and the violence in 2007.
The government said, according to the findings of an official forensic investigation that "speeches" on the DVD of Adityanath's speech has been "tampered with."
The Supreme Court had issued a court order earlier this year that had annulled a magistrate's order by taking note of the cost overview that the police had filed in 2009.
In rejecting the petition, the Supreme Court had said that the court was right when it claimed that there was no sanction to prosecute the BJP leader and others in the case.
On January 27, 2007, several incidents of violence were reported in the district of Gorakhpur in Uttar Pradesh and Khan had filed the FIR under various departments of IPC.