The court advises petitioners to present evidence before the judicial commission; violence fallout raises accountability concerns
Team Clarion
PRAYAGRAJ – The Allahabad High Court has dismissed a public interest litigation (PIL) requesting a Special Investigation Team (SIT) probe into the Sambhal violence, arson, and police firing during a controversial survey of the city’s historic Jama Masjid. The PIL had also sought an inquiry into the role of key administrative officials and the state government in the incident.
The division bench of Justice Ashwini Kumar Mishra and Justice Gautam Chaudhary dismissed the petition on Wednesday after the petitioner’s lawyer requested to withdraw it, citing the government’s formation of a judicial commission led by a retired high court judge to investigate the case.
During Wednesday’s hearing, Additional Advocate General Manish Goyal informed the court about the judicial commission’s formation, aimed at ensuring impartial investigation. Goyal stated, “The government is committed to transparency and accountability. The commission will leave no stone unturned in its probe into the Sambhal incident.”
The court advised the petitioners to present their concerns to the commission. “Since an independent commission is already investigating the matter, it would be appropriate for the petitioner to engage with that process,” the bench remarked before dismissing the plea.
The violence erupted on November 24 in Sambhal during a survey ordered by the local court to investigate claims that the mosque was constructed over a demolished temple. The survey, conducted by an advocate commissioner, initially proceeded peacefully in the presence of the mosque committee, administrative officers, and police.
However, tensions flared when a second survey was announced without a formal court order. Members of the mosque committee raised objections, but the administration allegedly insisted on proceeding. Eyewitnesses claim that 50 individuals accompanying the advocate commissioner chanted provocative slogans, leading to the violence.
Police reportedly resorted to lathi charge and firing to control the situation, resulting in five deaths and numerous injuries. The petitioner accused administrative officials of conspiring to incite violence, asserting, “This was not just negligence; it was a deliberate attempt to escalate tensions.”
The PIL, filed by social activist Dr Anand Prakash Tiwari, sought an independent SIT probe into the roles of the District Magistrate (DM), Superintendent of Police (SP), and other officials involved in the survey. It also demanded the submission of a comprehensive report detailing the causes and consequences of the violence.
“The deaths and arrests following the incident demand an impartial inquiry. Without accountability, justice remains elusive,” argued advocate Sanjay Yadav, representing the petitioner.
Two additional PILs related to the Sambhal violence are scheduled for hearing. One, filed by the Association for Protection of Civil Rights, demands the creation of a comprehensive list of arrested individuals and detained persons, along with reasons for their detention. It also seeks the publication of FIRs and post-mortem reports.
Another petition, filed by the Hazrat Khawaja Garib Nawaz Welfare Association, demands FIRs against the DM and SP for alleged complicity in the deaths caused by police firing. “The lives were lost in police firing. The officials responsible must be held accountable,” stated advocate Sahir Naqvi.
The incident has sparked widespread concern among the Muslim community, who feel unfairly targeted. Mosque committee lawyer Muhammad Arif said, “We tried to follow the legal process, but the administration’s high-handedness led to this tragedy. We expect the judicial commission to uncover the truth and deliver justice.”
Community leaders have also called for measures to prevent communal profiling and ensure unbiased investigations. “The cycle of violence and scapegoating must end. Fair treatment is essential to restore trust,” said Maulana Abdul Wahid, a local cleric.
As the judicial commission begins its probe, calls for transparency and justice have grown louder. Civil society groups and legal experts have emphasised the importance of ensuring accountability for all parties involved.
“This is a critical moment for upholding the rule of law. The victims and their families deserve answers, and the public deserves to see justice served,” said senior advocate Gyan Prakash.
The Sambhal violence and its aftermath highlight the delicate balance between administrative authority, judicial intervention, and community harmony. The judicial commission’s findings will likely set a precedent for handling such cases in the future.
