VOICE THIS WEEK IN UP GOVT
The
government of Uttar Pradesh has taken a decision to withdraw the cases against
the current chief minister of UP, Yogi Adityanath, Union Minister, Shiv Pratap Shukla
and Shital Pandey, MLA from Sahjanwa, assembly constituency including 10 more
accused persons from eastern UP. The matter is before the court in Gorakhpur
district EasternUP. A letter from the UP administration has been sent to the DM
Gorakhpur this week. According to the government, after scrutinizing many facts
this decision has been taken.
The
case was registered against Yogi Aditya Nath and 10 more persons under section
144 in police station Pipiganj Gorakhpur in year 1995. The matter when referred
to the local court, it had ordered to issue non-bailable warrant against all
these accused. However the warrants were not issued then.
Many such cases in UP have been
registered. Yogi Aditya Nath had introduced a penal code revision bill 2017 in
assembly on 21st December saying that the past state governments tenure had
slapped more than 20 thousands cases over the public leaders in the wake of its
political interests. He had said all these cases are to be withdrawn.
Voice from Public
Human
Rights Activist Assad Hayat says that the decision has been reserved on another
Gorakhpur communal violence on 22 December after the arguments in High Court
Allahabad.
Yogi
Aditya Nath is chief accused in Rashid Khan and others Vs State of UP and
others.
According
to Asad, the registered report reveals: on morning of 27th January 2007, the
crime of loot, arson, insult of religious books, and sabotage at Imam Chowk and
Mazar, situated at Khunipur, locality of Gorakhpur had been committed by Yogi
Aditya Nath with his supporters -- Manoj Khemka, Bhagwati Jalan, Ram Avtar
Jalan, DayaShankar Dubey, Harshwardhan Singh, Ashok Shukla, Ram Lakshaman.
The
prosecution, Rashid Khan had registered the case under IPC section 147, 295,297,436,506, 153a in Gorakhpur Kotwali(crime
number 43/2007).
Yogi
had been arrested in this case; he was kept in the jail more than one week and released on bail. He had allegedly narrated his pang, weeping in
parliament house how had jail wronged with him?
Rashid
Khan has told that the charge sheet against these accused had been filed in the
court after the investigation in this case; and the then Mayawati government
had approved in year 2009 to begin this trial under 153a; consequently the
court ordered of its cognizance taking.
The
charges over the accused were to be framed after this order, but the court did
not take any proceeding till 2014.
Manoj
Khemka filed his objection was that the approval to begin the trial in year
2009 was illegal because of the order, instead of signing by Principal
Secretary, was signed by Under Secretary whose signature is ineligible to begin
the case.
Lower
Court in year 2016 ordered on Manoj Khemka’s objection that the prosecution
approval order has been issued after the governor’s assent and that order’s
copies endorsed to the police officers were sent.
Next
hearing was to be on 16th April 2016 that the judge was transferred. The new
judge on criminal revision 558/2014 gave an adverse order, ignoring the
previous one, and upheld the defendant’s statement that the government approval
of prosecution was illegal.
Asad
Hayat says that Rashid Khan challenged in High Court and the hearing was done.
He pleaded that Under Secretary, Ramhet, had communicated to the court about
the governor’s assent and the Principal Secretary’s approval which he had got
on the file and attached its copies to the letter. The order issued by PS can
be summoned from the office.
Farman
Ahamad Nakvi contended before the court: "the issue is here that there is a foul
play to save the political persons and the records inside the files are being
wrapped. Incase let it be assumed that the signature has not been done by PS JB
Sinha, the Under Secretary Ramhet’s signature on papers are fake. If it is in
reality, shall it be assumed that this matter is still in pending under
consideration of state home ministry; if so, who will give the approval of
prosecution? Whether the accused person,
who is home minister and chief minister of state, will do it?”
