Sahibabad pollution case: Supreme Court issues notice to UP DGP, Gzd Officials over FIR delay

The Bench of Justice Sudhanshu Dhulia and Justice NV Anjaria passed the order.

The Court has listed the matter for further hearing on August 29.

The Petitioners, a young woman and her mother, have approached the Apex Court through AoR Ansar Ahmad Chaudhary and Advocate Md. Anas Chaudhary against the High Court’s January 6, 2025 order, alleging that the order ignored the “peculiar facts” of their case and was influenced by “irrelevant submissions” made by the State Counsel, including unverified claims about the criminal background of the Petitioner's father, Haji Arif, an RTI and environmental activist.

The petition traces years of environmental activism by Arif, who had moved several cases including O.A. No. 16/2014 (Haji Arif v. State of UP) before the National Green Tribunal. Notably, the NGT had awarded him an honorarium of Rs. 3 lakh for his sustained efforts in highlighting pollution in the Sahibabad Industrial Area. He was also the petitioner in PIL No. 27296/2013 and PIL No. 6100/2022 before the High Court.

According to the SLP, Arif had filed multiple complaints with senior State authorities, including one dated May 30, 2024, flagging gross violations of environmental norms and encroachments by industries operating in Sahibabad. Instead of action, the complaint allegedly triggered retaliation from factory owners and their associates.

The Petitioners claim that on August 22, 2024, they were threatened at home by unknown men who warned them to tell Arif to withdraw his complaints. When the threats did not deter Arif, a more serious incident occurred on September 29, 2024, when unidentified persons allegedly forced entry into the Petitioners’ home, assaulted them, and again threatened dire consequences unless Arif stopped pursuing action against the factories. One assailant allegedly identified himself as "Ajit Tomar."

A formal complaint was made the same day at PS Link Road, Ghaziabad. However, instead of arresting the alleged attackers, the Petitioners allege that the police arrested Arif the very next day, September 30, under provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), purportedly under pressure from the same individuals involved in the threats.

An application was then moved before the Civil Judge (S.D.)/FTC, Ghaziabad on October 4, 2024, seeking a police report on Arif’s arrest. On October 7, the concerned police station filed a report stating that no case was registered against him at that time. Despite this, Arif remained in custody for several days, and the Petitioners claim no meaningful action was ever taken on their complaints.

Subsequent representations dated October 29 and November 4, 2024, to the Police Commissioner, Ghaziabad, also failed to yield results. According to the Petitioners, the inaction further reflects a larger nexus between polluting industries, police officials, and members of the UP Pollution Control Board, who are allegedly enabling environmental violations in the region.

Having lost faith in administrative redress, the Petitioners approached the Allahabad High Court, seeking intervention. However, they contend that the State misled the court by making vague and unsubstantiated statements about Arif’s criminal background, which ultimately led to the writ petition’s dismissal without consideration of the serious environmental and legal issues involved.