Allahabad High Court expunges remarks of UP judge praising CM Yogi Adityanath

The Allahabad High Court on Tuesday expunged the recent remarks made by a judge praising Uttar Pradesh Chief Minister Yogi Adityanath. [Maulana Tauqir Raza Khan v. State of UP]

Justice Ram Manohar Narayan Mishra said that it is not expected of a judicial officer to express or depict personal or preconceived notions in orders.

The Court noted that Additional Sessions Judge Ravi Kumar Diwakar in his order dated March 5 made certain unwarranted expressions containing political overtones and personal views.

"The judicial order is meant for public consumption and such type of order is likely to be misconstrued by the masses. It is expected from judicial officer that he should use a very guarded expression while focusing upon the issue in hand and should not use any observation which are tangent or alien to the core issue," the High Court said in its order.

Thus, the Court directed the expunction of remarks made by the judge in the last paragraph of page 6 of his order to the middle part of page 8.

In his order, Judge Diwakar had lauded CM Yogi Adityanath for being the perfect example of a religious person who holds a seat of power with dedication and sacrifice. He had gone on to say,

"The main reason for riots in India is that the political parties here are engaged in appeasement of a particular religion, due to which the morale of prominent people of that particular religion increases so much and they believe that even if riots etc. if they get it done, not even a hair will be left unturned due to power protection."

He had made the observations while summoning Muslim cleric Maulana Tauqeer Raza Khan in the 2010 Bareilly riots case.

The trial court had termed Khan the main mastermind behind the riots and questioned why he was not included in the chargesheet, despite there being sufficient evidence to proceed against him.

Khan is alleged to have made a speech to a Muslim gathering in 2010, in which he said that he was against Hindus, that he would shed rivers of blood, destroy their houses and shops, set them on fire and get them looted. 

"The police post was set on fire and the houses of Hindus were set ablaze and women were treated indecently. Therefore, in the interest of justice, an FIR has been lodged against the accused Maulana Tauqeer Raza Khan under relevant provisions of the Indian Penal Code (IPC) and the Prevention of Damage to Public Property Act. Thus, the grounds for summoning for trial are found sufficient," the judge had said. 

Khan filed a criminal revision plea before the High Court to set aside the order.

The High Court noted that the matter required consideration and listed it after two weeks. While it refused to grant Khan relief as regards the non-bailable warrant issued against him, it made it clear that the warrant shall not be executed until March 27.

"So far as non bailable warrant against the revisionist is concerned, I am not inclined to grant any indulgence to the revisionist at this stage. However, keeping in view the ensuing Holi vacations, the revisionist is directed to appear before the learned trial court on or before 27.3.2024 and apply for bail and his bail application shall be disposed off strictly in accordance with law."

Senior Advocate Satish Trivedi and Advocate Sheshadri Trivedi appeared for revisionist.

[Read Order]