The Allahabad High Court on Thursday upheld a lower court order granting UP Chief Minister Yogi Adityanath and seven others relief from prosecution in a 2007 Gorakhpur riots case. Dismissing petitioner Rasheed Khan’s challenge against the order, the HC remanded the case back to the Gorakhpur court and asked it to consider both sides. Khan had contended that the lower court had not given him a chance to argue against the rejection of sanction.
Justice Bala Krishna Narayana said, “No interference with the impugned order is warranted. This application lacks merit and is accordingly dismissed. However, by way of abundant caution, CJM, Gorakhpur, is directed to decide the matter afresh pursuant to the impugned order of remand strictly in accordance with law and in the exercise of his unfettered independent discretion…”
“Our application has been partially dismissed. The order went in our favour as it gives a scope for re-examination of the merits of the case by the judicial magistrate and a chance to put forward our arguments, which we were denied last time. We may also move the Supreme Court,” petitioner’s counsel Farman Naqvi said.