Allahabad High Court to Hear PIL Seeking SIT Probe into Sambhal Communal Violence

Keyword: Sambhal Communal Violence PIL

The Allahabad High Court is set to consider a Public Interest Litigation (PIL) demanding the formation of a Special Investigation Team (SIT) to probe the communal unrest in Sambhal district, Uttar Pradesh. The violence erupted following a court-ordered survey of the Shahi Jama Masjid, raising questions about administrative lapses and the handling of religiously sensitive judicial mandates.

The PIL and Its Demands

The plea, filed by Dr. Anand Prakash Tiwari through Advocates Imran Ullah and Vineet Vikram, calls for:

• SIT Formation: Led by a retired High Court judge, the SIT would investigate the roles and responsibilities of key district officials, including the Commissioner of Police, Superintendent of Police (SP), District Magistrate (DM), and Sub-Divisional Magistrate (SDM).
• Independent Oversight: A committee comprising officers from central investigative agencies, independent of the state government, to evaluate the conduct of state officials.
• Guidelines for Judicial Surveys: Framing comprehensive protocols for district authorities assisting in judicially mandated surveys of religious sites, ensuring clarity in roles and responsibilities.

The PIL stresses the importance of a transparent investigation and seeks accountability from state authorities to prevent similar incidents in the future.

Background of the Communal Violence

The unrest was triggered by a Civil Court order dated November 19, 2024, which directed a survey of the Shahi Jama Masjid in Chandausi town. Civil Judge (Senior Division) Aditya Singh had appointed Advocate Commissioner Ramesh Raghav to oversee the survey and submit a report by November 29. The petition that led to the order alleged that the mosque was constructed over a demolished temple during the Mughal era.

On November 24, during the second survey attempt, violent clashes broke out between protestors and police, involving stone-pelting and arson. The violence resulted in four fatalities, although post-mortem reports ruled out police firing as the cause of death.

Key Issues Raised in the PIL

The petitioner argues that the communal violence exposed critical lapses in the administrative coordination and the handling of sensitive surveys involving religious structures. The PIL outlines:

• Failure of Preventive Measures: Questions over whether authorities anticipated and mitigated risks of violence.
• Accountability of State Officials: The need to investigate the actions of police and administrative officers during the unrest.
• Judicial Survey Protocols: The lack of clear guidelines for executing court-ordered surveys in religiously sensitive areas.

High Court’s Expected Deliberations

The High Court will likely focus on the following aspects:

1. Neutrality in Investigation: The demand for a neutral SIT, independent of the state government, to ensure unbiased findings.
2. Accountability Mechanisms: Evaluating the role of district officials and law enforcement in preventing and controlling the violence.
3. Policy Recommendations: Framing guidelines to better align judicial orders with administrative responsibilities in religiously sensitive cases.

The petitioner contends that such measures are essential to uphold transparency, coordination, and public trust in the judiciary and administration.

Legal and Social Implications

The case underscores the challenges of balancing religious sensitivities, judicial orders, and law enforcement responsibilities. It raises broader concerns about the potential for unrest in cases involving disputed religious sites and the accountability of officials tasked with enforcing court directives.

A decision by the High Court to constitute an SIT or recommend guidelines could set a precedent for handling similar disputes across India, ensuring a framework that prioritizes both religious harmony and rule of law.

The outcome of this PIL will have significant implications for the governance of judicially mandated actions in sensitive contexts, providing a roadmap for improved coordination between the judiciary and administrative machinery.

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