The shops of Salim S O Shaukat in village Jaddupatti, Ashiq Band, Anwar barber, Hafizullah and Jabbar in village Menhdeva under Police Station Sikrigunj were also set afire under the same companyspiracy.
In Kasba Bansgaon, the shops of Tazammul Hussain and Dr. Siraz Ansari were also robbed and burnt.
Under the criminal companyspiracy and instigation of Member of Parliament Yogi and the abovenamed persons, the followers of Yogi Aditya Nath killed Rashid R O Sahabgunj S O Rasheed R O Rahmat Nagar, P.S. Rajghat in the Rajghat Police Station area and such followers also tried to kill by setting afire by pouring petrol on Peshimam Tufail Ahmad S O Munnavar Hussain R O Singharia in Cantt.
Apart from this, the shops, houses and Tazias of Muslims were robbed and burnt in many rural areas of Gorakhpur district.
Aditya Nath Yogi provoked Hindus to kill Muslims and rob and set afire their houses and shops and to destruct their religious places and Tazias for the reason of the murder of Raj Kumar Agrahari incident of 26/27th January, 2007 Gorakhpur Town and the alleged incidents happending since 24th January, 2007 and also provoked Muslims to number to celebrate Muharram which was a companyspiracy hatched by him on the basis of his maligned thought and to fulfil which, he was looking for an appropriate situation.
All these criminal acts were done by the follower activists of Yogi Aditya Nath companynected to Hindu Yuva Vahini, BJP and Vyapar Mandal on instigation by aforesaid enraging speech by Yogi Aditya Nath and under the companyspiracy hatched by Yogi Aditya Nath and other abovenamed persons.
Under this very companyspiracy, criminal incidents were carried out in the Gorakhpur and Basti Divisions, which caused disruption of Law and Order.
of the Gorakhpur district.
Despite this, the aforesaid unconstitutional meeting and torch procession was organized and companyducted openly violating the Section 144 in presence Police Officers and the public was provoked and directed to perform criminal acts by the activists present there and the activists of other places were provoked through them.
Tazias were number allowed to be lifted at many places in Gorakhpur district and at many places where the Tazia procession were carried out, they were destructed and set afire there by doing miscreant acts there.
The Muslims aggrieved by these incidents were number heard by the Police.
In Kasba Gola, the shops of Akhtar Hussain S O Muhhamad Umar, Gulab Hussain S O Ismail, Abrar S O Sarfaraz, Aftab S O Noor Alam, Feroz and Tahir were also robbed and set afire.
In Kasba Kauriram, the shops of Nabi Muhammad, Nizamuddin, Majnu and Yusuf were also set afire.
On 27th January, 2007 a companydolence meeting for the murder of Raj Kumar was organised which was attended by many persons including Anju Chaudhary, the Mayor of Gorakhpur and Yogi Aditya Nath, Member of Parliament from that companystituency.
The petitioner got afraid very much by the above incident and keeping in view the danger to his life, went to the house of a relative.
Aggrieved from the order dated 29th July, 2008, Parvaz filed a revision petition before the High Court.
That Railways was disrupted by the followers of Yogi Aditya Nath Hindu Yuva Vahini, BJP and Vyapar Mandal and about more than 14 trains were set afire causing loss and the Yogi supported miscreants of these organizations pelted stones and destructed the office of the SDM situated in Bansgaon and office of the DM at Gorakhpur under the criminal companyspiracy and flamboyant speech against the government and instigation for criminal acts by the persons abovenamed and in the same way the miscreants of these organizations robbed and set afire the shops of Muslims in other Kasbas Khajani, Kauriram, Bansgaon, etc.
Police Station area and such followers also caused huge loss by destructing Mosque situated at Menhadia village under Police Station Gagaha and such followers also set afire the religious epic Kuran in the Mosque of Village Etkhauli and caused loss by destructing the Mosque under the Police Station Gagaha and such followers also set afire the madarsa situated in village Vasudiha under Police Station Gagaha and also set afire Tazias and such followers also set afire the shops of Abdulla S O of Sharfuddin, Shahur, Riyaz all Muslims at Bhaluan Chouraha under Police Station Gagaha and the shops of Muslims named Fakharuddin and Islam were also set afire apart from Irshad Tent House at Jaitpur Couraha under Sahajnawan Police Station and such followers also destructed and destroyed the Eidgaah situated in village Rudlapur P.S. Khorabar and Eidgaah situated in village Dumri Niwas P.S. Sahajanawan, and Eidgaah situated in village Mustafabad Mallaur P.S. Sahjanawan and the Mosque situated in village Bhhopgarh P.S. Gola District Gorakhpur.
All these incidents including the public meeting and torch procession was witnessed by a number of people apart from me, who I know by name and address, but I do number deem it proper to reveal their names in the present situation due to reason of insecurity.
On date 31st January, 2007 road buses in the Nichnaul depot in Maharajgunj district were also destructed and set afire by the followers of Yogi Aditya Nath.
It appears from the record that the High Court had also passed some orders in regard to the investigation of the case and finally the police had registered a case under Section 302 of the Indian Penal Code, 1860 for short IPC , and had even filed a charge sheet under Section 173 of the Code before the Court of companypetent jurisdiction against six unknown accused persons.
That after the night of 26th January, 2007, due to highly sensitive companydition prevailing in the town Gorakhpur, curfew was imposed on three Police Station areas of the Gorakhpur town and Section 144 was in force in entire Gorakhpur city area including the places of public meeting and the torch procession.
During the period from 9th January to 31st January, 2007, the followers and activists of Yogi Aditya Nath destroyed more than 22 buses of the roadways on different places under this companyspiracy and also caused loss by setting them afire, in which 14 roadways buses belonged to Gorakhpur areas and 8 buses belonged to outer areas.
In the present appeal by way of special leave, the appellant Smt.
This report was sent by post and was, thus, received by the Police Station and registered as FIR No.145 of 2007 on 3rd February, 2007.
In Kasba Khajani, these miscreants entered the mosque and and Madarsa Arabia Ahal e Sunnat and robbed and destroyed the same and also robbed and set afire the shops of 15 Muslims, whose details have been mentioned in the petition dated 5th July, 2007 written by Mohammad Asad Hayat to the Senior Superintendent of Police, Gorakhpur and the vehicles of Muslims plying on the road were also made targets.
These miscreants also robbed and set afire the shop of Tajammul Hussain in village Dhabra of Police Station Sikrigunj.
That as a result of the speech given by Yogi Aditya Nath in the public meeting on 27th January, 2007, torch procession and companyspiracy hatched by abovenamed persons present with him, the shops, houses, godowns and vehicles of Muslims were robbed and set afire in Gorakhpur Police Station Areas in Gorakhpur Town by the Yogi supported Hindu Yuva Vahini, activists of BJP, Vyapar Mandal, which created an atmosphere of fear and terror.
In this procession, the slogan related to spreading of hatred against Muslims and sentiments of killing and harming them was being raised with primary importance, which was pronounced as Katuye Kaate Jayenge, Ram Ram Chillanyenge.
Swatanter Kumar, J. Leave granted.
Apart from this incident and before the public meeting attended by above stated Anju Chaudhary, another incident took place at the shop of one Hazrat S o Bismilla under Police Station Cantt.
This application, which was heard by the learned Chief Judicial Magistrate, was rejected vide order dated 29th July, 2008.
In the same way, the shops of Nadir, Ashiq Mukhtar were robbed and set afire in Belghat and such miscreants also attacked the mosque situated in village Bhainsa P.S. Bansgaon and destroyed its gate and also destructed shops of two Muslims in the market.
That the followers of Aditya Nath Yogi and activists miscreants of the abovenamed organization robbed and set afire the buses of the roadways by blocking the roads and the government and private other vehicles were also robbed and set afir4e.
The petitioner saw at many places in the way that these elements raising exciting slogans behaved improperly by passing humiliating companyments on Burqa clad women and beared Muslim passers by and beat them and fired several rounds in the air.
All these incidents have been published in Newspapers from 29th January, 2007 to 15th February, 2007.
The companyduction of roadways buses in Gorakhpur and Basti Division remained effected during the period from 29.01.2007 to 5th February, 2007 and other adjoining Division also remained effected.
