The Allahabad High Court, led by Chief Justice Arun Bhansali, has directed the transfer of a Public Interest Litigation (PIL) seeking the registration of an FIR against the Sambhal District Magistrate, Superintendent of Police, and other officials to a bench with jurisdiction over criminal writ matters, reports the Live Law.
The PIL, filed by the Hazrat Khawaja Garib Nawaz Welfare Association through Advocates Saher Naqvi and Mohd. Arif, alleges that police firing during recent violence in Sambhal resulted in the deaths of four individuals. The petition claims no FIR has been registered against the officials allegedly responsible for the incident.
The unrest in Sambhal erupted after a court-ordered survey of the Jama Masjid, which some claim was built over a demolished temple from 1526. The survey was initiated following an ex-parte order by Civil Judge (Senior Division) Aditya Singh, acting on a suit filed by plaintiffs led by Mahant Rishiraj Giri.
Protesters opposing the survey clashed with security forces, leading to fatalities and significant property damage, including torched vehicles. The police reportedly used tear gas and batons to control the crowd, which allegedly resorted to stone-pelting.
The PIL demands the registration of an FIR and the arrest of officials allegedly responsible for authorising the police firing. It also seeks a Special Investigation Team (SIT) probe, chaired by a retired High Court judge, into the role of Uttar Pradesh government officials. Additionally, it calls for a CBI investigation into the causes of the violence and a report to be submitted within a specified timeframe.
On November 29, the Supreme Court restrained the Sambhal Trial Court from proceeding further in the suit against the Jama Masjid and directed that the survey report remain sealed until further notice. The case is part of an ongoing series of disputes over religious sites in Uttar Pradesh, with courts addressing these sensitive matters.
