Petitions Pile Up: Allahabad High Court Grapples with Sambhal Violence Aftermath

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Synopsis

A survey of the Shahi Jama Masjid in Sambhal, Uttar Pradesh on November 24, 2024 led to large-scale violence in which five persons died and scores of others were injured

The Allahabad High Court has become the epicenter of legal battles surrounding the recent violence in Sambhal, Uttar Pradesh. A series of Public Interest Litigations (PILs) have been filed, questioning the role of authorities and the actions of the police during the unrest near the Shahi Jama Masjid in Sambhal, which left five people dead and over 20 police officers injured.

In one PIL, petitioner Anand Prakash Tiwari has sought a Central Bureau of Investigation (CBI) probe into the violence that erupted on November 24. Filed through advocates Imran Ullah and Vineet Vikram, the plea urges the court to identify those responsible for organizing the protests and examine any potential involvement of state officials. The petition highlights the need for accountability in preventing such incidents in the future.

Another PIL, moved by the Hazrat Khawaja Garib Nawaz Welfare Association, demands the registration of FIRs against key district officials, including the District Magistrate, Superintendent of Police, and other officers allegedly involved in mishandling the situation. Filed through advocates Saher Naqvi and Mohd Arif, the petition also calls for the immediate arrest of these officials, citing their alleged failure to maintain law and order during the protests.

Meanwhile, the Association for Protection of Civil Rights (APCR) has filed a separate PIL questioning the Uttar Pradesh Police's alleged use of excessive force. The petition seeks an independent investigation into claims of police atrocities during the unrest, emphasizing concerns about human rights violations.

Complicating the legal landscape, a caveat petition has been filed on behalf of the Hindu respondents through advocate Hari Shankar Jain. The caveat requests that the High Court refrain from passing any orders on the anticipated petition by the Muslim side challenging the November 20 order of the Sambhal civil judge. This earlier order had directed a survey of the Shahi Jama Masjid, based on advocate Hari Shankar Jain's claims that the mosque was built over a historical Harihar temple.

The High Court is now poised to address these overlapping legal challenges, which reflect the broader communal tensions and governance issues at the heart of the Sambhal violence.

Notably, the Jama Masjid Committee in Sambhal has expressed its plans to challenge the district court's November 20 survey order concerning the Masjid. Zafar Ali, the committee's chief, reportedly said on Monday, "We are in the process of preparing the petition and will move the High Court in the next few days." This announcement comes in light of the Supreme Court's direction to defer trial proceedings until the committee’s plea against the survey is heard by the High Court.