The Supreme Court has directed a magistrate in Uttar Pradesh to pass appropriate orders in accordance with law in a rioting case alleged against Chief Minister Yogi Adityanath. The bench comprising of Chief Justice Dipak Misra, and Justices A.M. Khanwilkar and D.Y. Chandrachud disposed of a petition challenging the Allahabad High Court order dismissing a plea filed by one Rasheed Khan in the case.
The bench stated that "We only direct the Magistrate (in Gorakhpur), as the High Court has remitted the matter to him, to pass appropriate orders keeping in view the law laid down. The Special Leave Petition stands disposed of accordingly," The case, according to the police, pertains to a 2007 incident in the Gorakhpur district of Uttar Pradesh when Adityanath was an MP. The FIR stated that on the occasion of Satvi Moharram, a call was given by Adityanath, following which members of right-wing outfit Hindu Vahini started assembling and raising slogans.
It further stated that, at about 10 am the same day, the agitators set several properties ablaze, damaging religious books and indulging in destructive activities at the Imam Chowk in Gorakhpur. To disperse the agitating mob, the police fired several rounds in the air. An FIR was then lodged on charges of rioting, outraging religious feelings, trespassing on burial places and promoting enmity between groups. A charge sheet was further filed and taken cognisance of with the order of cognisance being challenged before the sessions court. The sessions judge, by its order in January, 2017, allowed criminal revision and set aside the cognisance order. The court, however, remitted the matter to the trial court with a direction to the magistrate to pass a fresh order in accordance with the law on the issue of taking cognisance. The order of sessions judge was challenged before the Allahabad high court which upheld it, stating that no interference was warranted.
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