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Synopsis

Referring to the idea of a 'Philosopher King' given by Plato in his Socratic dialogue, Republic, a UP Court said that "the head of power should be a religious person". Court cited Chief Minister Yogi Adityanath as an example.

ASJ-Fast Track Court (Bareilly) Ravi K. Diwakar, who ordered video survey of Gyanvapi in 2022 as a Civil Judge (Senior Division), said, "Religious persons in power produce good results...for example, CM Yogi Adityanath who has proved this notion true".

He emphasized that the life of a religious person is not of luxury but of sacrifice and dedication, therefore, he is more suitable to rule. 

Court made this observation while dealing with a case related to 2010 communal violence in Bareilly. 

It added that Maulana Tauqeer Raza Khan of the Barelvi sect, whom the court called "the mastermind" behind the violence, engaged in inciting the community and disturbing the law and order, despite his religious background and affiliation with a highly esteemed family of Dargah Aala Hazrat in Bareilly.

"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," court asserted. 

To support his assertion, the judge referred to the threatening messages he received following his verdict in the Gyanvapi case.

"I received a threatening letter of about 32 pages from the Muslim organization, in which the First Information Report was filed in Varanasi district. But since no one has been arrested yet, my mother who lives in Lucknow, and younger brother Dinesh Kumar Diwakar, who is working as Civil Judge (CD) FTC in Shahjahanpur, remain worried about my safety and I am for theirs", he said.

Especially my mother is so worried about my safety that she cannot speak through a choked throat, the judge underscored.

Moreover, Judge Diwakar emphasized that recently, Maulana Tauqeer Raza Khan attempted to instigate riots in Bareilly once again and made derogatory remarks against Prime Minister Narendra Modi.

"A riot would have been caused in Bareilly by Maulana Tauqeer Raza Khan recently, if at present, there was no government of Honorable Shri Yogi Adityanath in Uttar Pradesh," the judge asserted. 

Regarding the case at hand, the judge highlighted that the name of the "main mastermind" Maulana Tauqeer Raza Khan, who deliberately instigated the riot, was not included in the charge sheet despite there being sufficient evidence in the investigation. "...which shows that the then police officers, administrative officers and government level officials were failing in their duties. The rules were not followed and the mastermind who instigated the riots, Maulana Tauqeer Raza Khaw, was deliberately supported," he held.

Referring to the speech made by Raza Khan to the Muslim community where he stated, "I am against the Hindus. I will shed rivers of blood and destroy their house and shop, set them on fire and get them looted," court held that it was after Raza's speech, riots broke out in Bareilly where a police post was set on fire and houses of Hindus were set ablaze and women were treated indecently.

Therefore, exercising its suo motu power Section 319 of the Code of Criminal Procedure, 1973, court held that, in view of all facts, circumstances and discussion placed before it, there were sufficient grounds to summon Raza Khan for trial under sections 147, 148, 149, 307, 436, 332, 336, 427, 152, 153A. Section 295, 397, 398 read Section 120B of the Indian Penal Code, 1860, Section 7 CL Act and Section 3 Prevention of Damage to Public Property Act.

Accordingly, court issued summons against Raza Khan and ordered him to be produced on March 11, 2024. 

Moreover, court ordered that since the then Senior Superintendent of Police, Bareilly, Deputy Inspector General of Police, Bareilly Zone, Bareilly, Inspector General of Police, Bareilly Zone, Bareilly and the then District Magistrate, Bareilly and the then Divisional Commissioner, Bareilly and higher officials at the government level did not act legally and at the behest of the then government, Raza Khan, the main mastermind of Bareilly 2010 riots, was supported, therefore, a copy of this order should be sent to the Chief Minister Yogi Adityanath, Lok Bhawan, Uttar Pradesh Secretariat, Lucknow for necessary action.

Case Title: State v Shehzade