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1999 Maharajganj violence: Special court wants all cases to be heard by same court

Hindustan Times, Prayagraj | ByJitendra Sarin, Prayagraj
Nov 15, 2018 10:11 AM IST

Talat Aziz had alleged that the then Gorakhpur MP reached a meeting organised by Aziz in Maharajganj on February 10, 1999, and created disturbances, which ultimately resulted in violent clashes.

The special court (MP/MLA) on Wednesday asked Talat Aziz, a politician and other concerned parties to take steps to ensure that connected criminal cases relating to 1999 Maharajganj violence may be heard by same the court either here or at Maharajganj in pursuance of directions issued by the high court in August.

Aziz had lodged an FIR against chief minister Yogi Adityanath, who was the MP of Gorakhpur at that time. Adityanath too had lodged an FIR against Aziz and several others.

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On November 6, SPO CBCID, Jai Govind Upadhyay had moved an application before special court raising issue of maintainability of petition and had requested the special court to either summon the file of other cases or to transfer present case to Maharajganj so that both the cases may be heard by the same court.

Aziz had alleged that the then Gorakhpur MP reached a meeting organised by Aziz in Maharajganj on February 10, 1999, and created disturbances, which ultimately resulted in violent clashes.

It was alleged that during the violent disturbances, a police head constable Satya Prakash, who was Aziz’s security guard, died from gunshot injuries.

Subsequently, Aziz lodged an FIR at Maharajganj kotwali police station against Adityanath and several others, who were not named.

Similarly, the then Maharajganj kotwali station house officer BK Srivastava lodged an FIR naming Adityanath and 21 other people under sections 307 (attempt to murder), 153A and other sections of the Indian Penal Code (IPC).

The third FIR related to the same incident was lodged by Adityanath against Aziz and others, alleging an attack by Aziz and a few others.

Subsequently, the matter was handed over to the CB-CID for investigation. The CB-CID closed the matter by submitting a final report giving a clean chit to Adityanath.

Aziz challenged the final report in the court of the additional chief judicial magistrate, Maharajganj.

The protest petition was treated as a criminal complaint case by the magistrate.

SHO BK Srivastava was examined as a witness as he supported the case of Aziz.

However, subsequently, the Maharajganj magistrate on March 13, 2018 dismissed the complaint case.

Aziz challenged the dismissal before the high court by filing a criminal revision petition which was later withdrawn by Aziz and she was directed to file a fresh petition in Maharajganj where other related case is pending so that both cases may be tried together.

Subsequently, as per direction of Supreme Court, Special Court (MP/MLA) was formed in Allahabad and file of one of the case was transferred to it in which special court passed the order on Wednesday.

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