In a major relief to Uttar Pradesh chief minister Yogi Adityanath, the Allahabad High Court was on Thursday told by the state's Advocate-General that the controversial Hindutva leader cannot be tried by the court.

The Allahabad High Court on Thursday was told by the Uttar Pradesh Advocate-General Raghvendra Singh that state Chief Minister Yogi Adityanath cannot be tried by the court, NDTV reported.

According to the Hindustan Times, the principal secretary (home) took the decision on 3 May on the basis of a forensic report. A CD with alleged hate speech was submitted to the high court. According to the report, the court has fixed 7 July as the next date of hearing.

The case was filed after a 2008 FIR by Parvez Parwaz against the current chief minister.

The Uttar Pradesh government has been given a 10-day deadline to file a new application. Speaking to CNN News18, Asad Hayat, a petitioner said, that the truth won't stay hidden for long. "We will raise this in detail. Yogi should resign as the chief minister. There are clear lies coming from the state government," he said.

Pranshu, Uttar Pradesh bureau chief, CNN-News18, reported, "What government wants is to portray that CBI has conducted the investigation. The biggest issue here is of morality. If he is occupying chief minister's position, the prosecution is denied since he himself is the prime accused."

Raising suspicion on the government, Samajwadi Party spokesperson Ghanshyam Tiwari told CNN-News18, "Right from Godhra to every other riot, there has been a cover-up. We do not expect him(Aditynath) to act with fairness. We do not expect him to act with justice."

About the Gorakhpur riot

In January 2007, an altercation involving a group of Hindus and Muslims broke out during a Muharram procession in Gorakhpur which led to the hospitalisation of a young Hindu, Raj Kumar Agrahari.

The district magistrate had made it clear that Adityanath should not visit the site as it may inflame tensions. He initially agreed but after Agrahari died, he disobeyed the magistrate and travelled to the site with a group of his followers. Adityanath then started a non-violent dharna on the site. However, inflammatory speeches were made and some of his followers even set fire to a nearby mazar (Muslim mausoleum). Curfew was imposed by the local police, but Adityanath broke it and was subsequently jailed.

A January 2007 PTI report on Rediff said, "The BJP parliamentarian was detained by the police while going towards troubled areas of the city. He was taken to police lines first but later booked under various sections of the IPC and sent to jail, along with 150 of his supporters."

His arrest led to further unrest and several coaches of the Mumbai-bound Mumbai-Gorakhpur Godan Express were burnt, allegedly by protesting Hindu Yuva Vahini activists. The tensions escalated to riots across Gorakhpur leading to the burning of mosques, homes, buses and trains.

With inputs from PTI