Allahabad High Court CJ-Led Bench Directs Listing Of PIL Seeking CBI Probe Into Sambhal Violence Before Appropriate Bench

The Bench, headed by Chief Justice Bhansali and comprising Justice Vikas Budhwar, currently lacks jurisdiction to hear PILs in the nature of criminal writ. Since the present matter pertains to a criminal issue, it falls outside this bench's jurisdiction. Consequently, the Bench directed that the plea be transferred and listed before the appropriate bench with the required jurisdiction.

The PIL plea filed by Varanasi-based Dr Anand Prakash Tiwari through Advocates Imran Ullah and Vineet Vikram, raises concerns over possible administrative negligence and the role of the local authorities in the violence.

It seeks a Special Investigation Team (SIT) probe under the chairmanship of a retired HC judge into the alleged involvement of the Uttar Pradesh government, its administrative officials, including the District Magistrate (DM) and Superintendent of Police (SP), in the violence that erupted in Sambhal earlier this week.

The PIL plea also prays for direction to the Central Bureau of Investigation (CBI) to thoroughly investigate the causes that gave rise to the violence on November 24 and to submit the report within a timeframe as directed by the HC.

The plea also prays that necessary guidelines be framed regarding the role and responsibilities of district authorities while assisting in a future survey of religious monuments/sites, if directed by any court.

The PIL plea also prays for the following reliefs:

• Appoint a special investigation team, headed by a retired Hon'ble High Court Judge, to investigate the role of Commissioner Moradabad Division, District Magistrates Sambhal, Superintendent of Police Sambhal, SDM Chandausi Sambhal, Circle Officer-Sambhal and the members of the court commission for their involvement and omissions in the incident of November 24 near Jama Masjid in the Chandausi area and submit its report within a specific time frame.
• Constitute a committee comprising of officers of any Central investigating agencies not coming under the executive jurisdiction of the State of Uttar Pradesh to investigate the role of the State Government and its administrative officers, for their involvement and omissions in the incident and submit its report within a specific time frame, as provided by this Hon'ble Court.

For the uninitiated, violence erupted in Sambhal district after a team led by an advocate commissioner surveyed the Mughal-era Jama Mosque on the orders of a local court.

The order was passed by Civil Judge (Senior Division) Aditya Singh on a suit filed by eight plaintiffs, including Mahant Rishiraj Giri, who claimed that the mosque in question was built in 1526 after demolishing a temple that stood there. Advocate Ramesh Chand Raghav was directed to act as an advocate commission.

The violence, where protesters opposing the survey of the Jama Masjid clashed with security personnel, has resulted in the deaths of four persons. As per the report of PTI, the protesters torched vehicles and pelted the police with stones while the security personnel used tear gas and batons to disperse the mob.