Allahabad High Court Intervenes in Sambhal Violence Case, Stays FIR Order Against Police Officers
The Allahabad High Court has issued a significant stay order, halting a lower court's directive for registering a First Information Report (FIR) against police officers implicated in the 2024 Sambhal violence incident. This development centers on allegations that officers fired at a 23-year-old biscuit seller, Mohammad Alam, during communal unrest sparked by a survey of the Shahi Jama Masjid.
Background of the Case and Judicial Proceedings
In January 2024, the Sambhal Chief Judicial Magistrate (CJM) court ordered the registration of an FIR against then Circle Officer Anuj Kumar Chaudhary and other officers, including then local SHO Anuj Kumar Tomar. The order came after Alam's father, Yameen, petitioned the court, claiming his son was innocent and injured by police gunfire during the November 2024 violence. However, the High Court has now stayed this order until March 24, the next hearing date, while granting two weeks for a counter-affidavit from Yameen.
Legal Challenges and Procedural Issues Raised
Two petitions were filed in the High Court challenging the CJM's order: one by the implicated police officers and another by the Uttar Pradesh government. The state's counsel, represented by the Additional Advocate General, argued that Yameen and his son failed to approach the local police station first, bypassing the procedure under Section 174(3) of the BNSS. They contended that the Sambhal court overlooked a detailed police report on the incident.
In response, Yameen's counsel highlighted the irony of the Principal Secretary (Home), as the state's protector, challenging a court order for FIR registration. The High Court noted that Yameen did not provide evidence of attempting to file a complaint at the police station, a key procedural step. The court emphasized that its jurisdiction under Article 227 of the Constitution should not be undermined in such matters.
Context of Judicial Transfers and Broader Implications
The case has unfolded against a backdrop of judicial reshuffles. The Sambhal CJM who issued the FIR order, Vibhanshu Sudheer, was transferred to Sultanpur district just 11 days later. His replacement, Aditya Singh, had previously ordered the controversial survey of the Jama Masjid, which led to the 2024 violence resulting in four deaths and multiple injuries. Singh was soon moved out after lawyer protests, with Deepak Kumar Jaiswal appointed as the new CJM.
This stay order underscores ongoing tensions between judicial oversight and police accountability in Uttar Pradesh. It raises questions about procedural adherence in filing complaints and the state's role in protecting citizens versus challenging court directives. The High Court's decision to grant time for a counter-affidavit suggests a careful examination of both procedural and substantive aspects before a final ruling.
