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Sambhal Violence | Inquiry Panel Already Formed By UP Govt: Allahabad HC Allows Withdrawal Of PIL Seeking SIT Probe
LIVELAW NEWS NETWORK
4 Dec 2024 2:14 PM IST
The Allahabad High Court today allowed the withdrawal of a PIL plea seeking 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. A...
The Allahabad High Court today allowed the withdrawal of a PIL plea seeking 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.
A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary allowed the withdrawal of the PIL plea filed by Varanasi-based Dr Anand Prakash Tiwari, 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 PIL plea also prayed for a direction to the Central Bureau of Investigation (CBI) to thoroughly investigate the causes and involvement that gave rise to the violence on November 24 and to submit the report within a timeframe as directed by the HC.
The PIL petition, moved 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.
The PIL plea also prayed 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.
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.
