LawChakra

Sambhal Violence: PIL in Allahabad HC Seeks FIR, Arrest of Erring Police Officials, DM Over Alleged Misconduct

A public interest litigation (PIL) filed before the Allahabad High Court seeking registration of a first information report (FIR) against police officials and the district magistrate (DM) in relation to the death of four individuals in the communal violence that broke out in Sambhal district of Uttar Pradesh. The PIL has been filed by one Mohammed Yusuf, the Secretary of Hazrat Khwaja Garib Nawaz Association, through Advocates Saher Naqvi and Mohd. Arif.

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UTTAR PRADESH: A Public Interest Litigation (PIL) has been submitted to the Allahabad High Court demanding the registration of a First Information Report (FIR) against senior police officials and the District Magistrate (DM) in connection with the deaths of four individuals during communal violence in Sambhal district, Uttar Pradesh.

The petition, filed by Mohammed Yusuf, Secretary of the Hazrat Khwaja Garib Nawaz Association, through Advocates Saher Naqvi and Mohd. Arif, seeks action against the Additional Superintendent of Police, Senior Superintendent of Police (SP), DM, Sub-Divisional Magistrate (SDM), and others involved.

Backdrop of the Incident

The violence reportedly erupted following a court-ordered survey of the Shahi Jama Masjid. On November 19, a Sambhal civil court directed an advocate commissioner to conduct a survey of the mosque.

This directive was issued in response to a plea filed by Advocate Hari Shankar Jain and seven others who claimed that the mosque was built over a demolished temple during the Mughal era.

Following the court’s order, a first survey of the mosque was conducted on November 19. However, the situation escalated on November 24, when a team of surveyors attempted a second survey in Chandausi town.

Violence broke out between protestors and police personnel, leading to stone-pelting and vehicle torching incidents. Tragically, four individuals lost their lives in the chaos.

Autopsy Findings and Police Role

An autopsy later revealed that police firing was not the cause of the deaths.

Despite this, the PIL contends that the officials failed to maintain law and order, demanding accountability and legal action against them.

Demands in the PIL

The petitioner has requested that the High Court direct the Uttar Pradesh government to immediately register criminal cases and arrest the accused officers. The plea also calls for stringent measures to hold all responsible parties accountable.

“This is the second PIL before the High Court in relation to the incident.”

Earlier, another PIL was filed seeking a Special Investigation Team (SIT) probe into the violence. Both petitions underscore concerns about administrative failures and the need for an impartial inquiry.

Supreme Court’s Role in the Survey

Meanwhile, a separate petition was filed before the Supreme Court seeking a stay on the survey of the Shahi Jama Masjid. Responding to this plea, the apex court intervened, instructing the trial court at Sambhal

“not to take any action pursuant to its order calling for a survey of the Shahi Jama Masjid.”

The Bench, led by Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar, also urged authorities to ensure peace and harmony amidst the rising tensions.

The PIL highlights the contentious atmosphere surrounding the survey order and its aftermath.

With the High Court and Supreme Court both addressing related matters, the case has drawn significant attention to issues of communal harmony, administrative responsibility, and judicial intervention in sensitive disputes.

Click Here to Read Previous Reports on Sambhal Violence

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