Allahabad High Court Rejects Petition Demanding SIT Investigation Into Sambhal Violence

Noting that the UP government had already formed a judicial inquiry committee to investigate the matter, the HC asked the petitioner to withdraw the plea.

Prayagraj:The Allahabad High Court on Wednesday, December 4, allowed The Association for Protection of Civil Rights (APCR) to withdraw a Public Interest Litigation (PIL) seeking an independent probe by a Special Investigating Team (SIT) into the police firing and atrocities in Uttar Pradesh's Sambhal.

A Bench of Justice Ashwani K Mishra and Justice Dr Gautam Chowdhary on Wednesday, observing the submission made by the counsel representing the UP government said that a three-member judicial inquiry commission has been constituted by the state government to investigate the incidents of violence, thus urging them to withdraw the plea.

“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.

While the petitioner stressed the need to make guidelines for the police, the court mentioned that keeping in mind that an investigation into the alleged violence by the commission is underway, it is better he notes his points in an appropriate forum.

The PIL, filed through Advocate Pawan Kumar Yadav, had highlighted, that prima facie, most of the victims of the violence were Muslims, and those arrested in connection with the violence were also predominantly Muslims.

What Did The PIL Demand?

The PIL demanded that an SIT be constituted under the leadership of a retired High Court judge and a mandate be issued to investigate the role of Moradabad Commissioner, DM, SP Sambhal, SDM Chandausi, CO Sambhal and Advocate Commissioner team members.

It also sought a status report disclosing the names of those persons who have been detained and arrested by the police in connection with the violence since November 24 along with the First Information Report (FIR) under which they have been arrested.

What Happened In Sambhal? On November 24, violence erupted between protestors and police personnel after a team of surveyors reached the Chandausi town to conduct a second survey of the Shahi Jama Masjid, after the initial survey on November 19. Four people were reportedly killed in the violence. However, an autopsy conducted later negated police firing to be the reason behind the deaths.