– Akhilesh Tripathi
Lucknow: The Allahabad High Court has stayed the arrest of Ziaur Rahman Barq, the Samajwadi Party MP from Sambhal, following his petition to dismiss an FIR filed against him.
MP Barq argued in his petition that he was in Bengaluru at the time of November 24 violence in Sambhal, which the FIR alleges he incited. He sought relief from the court, requesting a stay on his arrest and dismissal of the case.
A bench comprising Justice Rajeev Gupta and Justice Azhar Husain Idrisi heard the case on January 3, 2025. While the court did not dismiss the FIR, it halted Barq’s arrest, instructing the police to continue their investigation. The court also emphasised compliance with a prior Supreme Court directive prohibiting arrests for offences punishable by up to seven years without prior notice.
“The police may summon MP Barq for questioning, and he must cooperate fully with the investigation,” the court stated. It added that inquiries into the violence in Sambhal would proceed uninterrupted.
The High Court’s order provides significant relief to MP Barq. The FIR was lodged following violence related to a re-survey of the Shahi Jama Masjid in Sambhal, resulting in five deaths and over 30 injuries.
Police allege that MP Barq and Suhail Iqbal, son of MLA Iqbal Mahmood, were involved in inciting the unrest. Seven FIRs have been filed, with five registered at Sambhal Kotwali and two at Nakhasa police station. Approximately 2,700 individuals have been named, and 25 arrests have been made.
The Uttar Pradesh government, under Chief Minister Yogi Adityanath, had directed authorities to arrest MP Barq, with efforts reportedly made to detain him. However, Barq avoided Sambhal, anticipating immediate arrest. With the court’s stay, Barq now intends to cooperate with the investigation and present evidence of his presence in Bengaluru during the violence.
The High Court’s decision is seen as a setback for the Uttar Pradesh government, which was reportedly determined to secure Barq’s arrest. This ruling has temporarily eased pressure on the MP, allowing him an opportunity to prove his innocence in the ongoing investigation.
