Sambhal Violence | Inquiry Panel Already Formed By UP Govt: Allahabad HC Allows Withdrawal Of PIL Against 'Police Atrocities'

A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary allowed the withdrawal of the PIL plea filed by the Association of Protection of Civil Rights (APCR), noting that the State Government has already formed a judicial inquiry commission to probe into the incident of violence.

The court was also informed that all the prayers in the PIL petition fall within the scope of the inquiry commission formed by the Uttar Pradesh government. In view of this, the Court permitted the petitioner to withdraw the plea with the liberty to approach the court at an appropriate stage.

“We will permit you to withdraw this PIL. We are saying so because these are matters of vital significance… once the committee has been formed, we call for reports, and then there will be parallel proceedings. If any rights are infringed, or a new cause of action occurs, you can approach the court at an appropriate stage,” the division bench remarked.

The UP government constituted a three-member judicial commission comprising retired Allahabad High Court judge Devendra Kumar Arora, retired IAS officer Amit Mohan Prasad, and retired IPS officer Arvind Kumar Jain last month. Violence erupted in Sambhal district on November 24 after a team led by an advocate commissioner surveyed the Mughal-era Jama Mosque on the orders of a local court.

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

The Association of Protection of Civil Rights (APCR) moved the instant PIL plea to question the Uttar Pradesh Police's alleged action of opening fire against the public in Sambhal.

The PIL plea asserted that both the police and the state failed to prevent the violence, and there are allegations of complicity through their participation and the adoption of illegal and inadequate measures during the incident.

The petitioner also highlighted that prima facie, most of the victims of the violence were Muslims, and those arrested in connection with the violence are also predominantly Muslims.

The PIL, filed through Advocate Pawan Kumar Yadav, alleged that the police are engaging in arbitrary mass arrests, detentions, and excessive use of force, including indiscriminate firing, which has forced individuals, mainly from one community, to flee the area in fear of illegal prosecution.

The petition further claimed that the police are conducting arrests and detentions arbitrarily and illegally, which appears to be the work of a criminal and not that of police who build for safety and maintain peace and harmony, law and order.

The petitioner further asserted that the respondents' actions are illegal and discriminatory and violate the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India and the Supreme Court's guidelines in D.K. Basu v. State of West Bengal.

“no grounds of arrest, arrest memo, details of FIR are being provided to the detained persons and people are being picked up arbitrarily with no compliance of the law or the guidelines laid down by the Hon'ble Apex Court”, the PIL plea averred.

Against the backdrop of these submissions, the PIL plea prays for the following:

• Direct the respondents to submit a status report on the number of deaths along with the cause of death in the aftermath of the violence that ensued on 24.11.2024 in Sambhal and in any other areas where the violence spread.
• Call for a status report disclosing the names of persons detained and arrested by the police in relation to the violence since 24.11.2024 along with the FIR/ statute under which they have been detained/arrested.
• Direct the local police to upload the FIRs they registered on their website according to the procedure and make them available immediately to the accused and victims alike.
• Direct the local police to list the names of arrested persons in terms of Section 37 of The Bharatiya Nagarik Suraksha Sanhita, 2023, outside the district Police Control Rom/ Police Station, to be updated on a case-by-case basis.
• Direct that the police send the necessary information to the Executive Magistrate in terms of the mandate of Section 194 (1) BNSS and direct the respondent No.1 to provide compensation to the families of the victims who lost their lives in the police firing/police brutality under Section 396 BNSS.
• Direct that all complaints alleging acts, offences and atrocities by members of the police or state functionaries in relation to the widespread violence be registered forthwith and investigated by an independent investigating agency/team
• Direct the respondents to file a status report what was the ground prompted the police officers to open fire on on the public which led to the deaths of five people.
• Direct the respondents to file a status report along with supporting material indicating the protocol followed and measures that were undertaken before opening fire on a crowd.
• Direct an investigation by an independent agency under the supervision of this Hon'ble Court or any other competent agency against the police officers involved in the brutal killing of five people namely Naeem Gazi, Mohammad Bilal, Rumaan Khan, Mohd Ayan and Mohd Kaif and call for a status report with respect to investigation conducted.

In related news, the Chief Justice Arun Bhansali-led Bench of the Allahabad High Court today directed the listing of another Public Interest Litigation (PIL) plea seeking a CBI probe into the violence that erupted last month in Sambhal, Uttar Pradesh, before a bench with the jurisdiction to hear criminal PILs.