PIL Seeking CBI Probe into Sambhal Violence Withdrawn, Allahabad High Court Grants Liberty to Refile
"A Judicial Inquiry Commission has been constituted by the State Government and the Commission is required to submit its report within two months, (therefore,) we do not deem it appropriate to entertain the cause raised in this PIL writ petition at this stage", held the division bench
The Allahabad High Court, while hearing a PIL plea seeking a Central Bureau of Investigation (CBI) investigation into the Chandausi violence in Sambhal, allowed the petitioner to withdraw the writ petition with liberty to file a fresh one if a new cause of action arises. Court observed that with the Uttar Pradesh government already having constituted a Judicial Inquiry Commission to investigate the incident, further adjudication on the PIL was not warranted at this stage.
Filed by Dr. Anand Prakash Tiwari, the PIL called for a fair and independent inquiry into the violence and sought to examine the role of the district administration.
A division bench comprising Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chowdhary noted that the government, through its notification dated November 28, 2024, had appointed a retired High Court judge to chair the inquiry commission, with additional members being retired IAS and IPS officers. The commission has been tasked with submitting its findings within two months.
The petitioner’s counsel, Sri Imran Ullah, argued that while the commission's formation addressed some concerns, certain reliefs sought in the PIL were yet to be met. However, the court found that the substantial grievance of ensuring a fair investigation was already addressed by the commission's establishment.
Acknowledging the petitioner’s prayer for withdrawal, the court formally disposed of the PIL, allowing the petitioner to approach the court again should new circumstances arise. The respondents, including the State and the CBI, did not oppose the withdrawal
As public interest in the Chandausi violence remains high, the commission’s findings, expected within two months, will be pivotal in shaping accountability narratives and addressing concerns of administrative lapses.
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.
Soon after, a series of PILs, including the present one, were filed before the high court, questioning the role of authorities and the actions of the police during the unrest near the Masjid in Sambhal.
A caveat petition has also been filed in the high court 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.
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.
Case Title: Dr Anand Prakash Tiwari vs. State Of U.P. And 6 Others