Allow Cookies!
By using our website, you agree to the use of cookies
The Latin Phrase “Nemo Iudex in Causa Sua” literally means, that no one should be a judge in his own case. But in this case there has been a clear violation of such principles of Natural Justice. The Supreme Court issued a notice to the UP government by an appeal by Parvez Parwaz against the order of the Allahabad High Court where it dismissed a petition which sought probe by an independent agent and further refused to give sanction to prosecute Minister Yogi Adityanath in case of delivering hate speech in 2007.
The Bench issued notice to the State Government and District Magistrate of Gorakhpur in response to the appeal made. The petitioner challenged the decision of Allahabad High Court, wherein it dismissed several petitions filed by petitioner for transfer of investigation from State CID to independent investigation agency and for cancelling the order for refusing the grant of sanction against accused. The petitioner further prayed for impartial investigation in case of hate speech.
The Allahabad HC and the Sessions Court of Gorakhpur held that there has been no sanction to prosecute Adityanath in the case of 2007. The further contended during the same year, that he witnessed Adityanath delivering hate speeches which led to riots.
Then, the case was transferred to the CID who in-spite of completing the investigation refused to give sanction to prosecute Adityanath. The petitioner, then approached HC for seeking a probe of CBI over the matter but the same was dismissed on the ground of want of sanction.
The petitioner told the Supreme Court that the refusal to grant sanction to prosecute is irrational and such decision is against the principles of Natural Justice. The HC has completely overlooked over the fact that the officer of the government may have been under the pressure of the Chief Minister, as the CM will be adversely affected by the grant of sanction for prosecution. The case has been listed for further hearing.
86540
103860
630
114
59824