Hate speech case: In the 2007 hate speech case, the Supreme Court on Tuesday refused to disturb the Allahabad High Court order upholding the relief granted to Uttar Pradesh Chief Minister Yogi Adityanath, who is alleged in the case. The Supreme Court also directed a magistrate in Uttar Pradesh’s Gorakhpur to pass appropriate orders in accordance with law.

A three-judge bench consisting Chief Justice Dipak Misra and Justices A M Khanwilkar and DY Chandrachud said, “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 case pertains to incidents of arson and violence in Gorakhpur on January 2007. After the incident, police had lodged a case on charges of rioting, outraging religious feelings.

In June 2007, police had filed a chargesheet after the investigation against all the accused and chief judicial magistrate took the cognisance of the final report.

Later in 2017, the cognisance was challenged before the Gorakhpur session judge, who allowed criminal revision.
However, the Session Court send the matter back to the Trial Court and directed the magistrate to pass a fresh order.

The order of Sessions Court was also challenged before the Allahabad High Court, which upheld it, saying no interference is warranted.

“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, without being influenced by observations, if any, made by the revisional court in the impugned order,” Allahabad High Court said.

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