The Allahabad High Court on Tuesday stayed an order by a Sambhal court directing the filing of a first information report against Additional Superintendent of Police Anuj Chaudhary in connection with allegations that a man had been shot and injured during an unrest in the town in November 2024, Live Law reported.
Justice Samit Gopal of the High Court was hearing a petition filed by Chaudhary, who was the circle officer of Sambhal at the time of the violence. The judge listed the matter for hearing on February 24.
On November 24, 2024, violence broke out in Sambhal after a group of Muslims objected to a court-ordered survey of the Shahi Jama Masjid in Chandausi town.
A trial court had ordered the survey in a suit claiming that the mosque had been built in 1526 by Mughal ruler Babar on the site of the “centuries-old Shri Hari Har Temple dedicated to Lord Kalki”.
Five persons were killed in the violence.
Yameen, the father of one of the men who was allegedly shot, had moved the court in Sambhal. He claimed that his son, Alam, had left home that day to sell rusks and was allegedly shot by the police near the mosque.
The petition, which named Chaudhary, Inspector Anuj Tomar and other police personnel, had been filed before the court in February 2025.
On January 9, the court in Sambhal ordered the FIR against Chaudhary, Tomar and several unidentified police personnel.
Vibhanshu Sudheer, who was the chief judicial magistrate at the time, observed that the police cannot invoke the “official duty” shield for criminal acts, PTI reported. Citing Supreme Court rulings in his order, Sudheer had noted that firing upon a person cannot be considered a discharge of official duties.
The Sambhal Police had said at the time that it would challenge the order.
Sudheer was among the 14 judicial officers transferred on January 20 by the High Court, days after he directed the FIR against the police officers. He was transferred to Sultanpur as a civil judge (senior division).
Aditya Singh, who was the civil judge (senior division) at Sambhal’s Chandausi town, had replaced him. Singh was the judge who passed the order directing a survey of the mosque in Chandausi town.
On Tuesday, the High Court noted that the complainant had earlier been granted 14 days to file a counter to the appeal filed by the police, Live Law reported. The judge added that the stay would remain in effect until then.
However, Justice Gopal left the question of maintainability open to be considered after the filing of the counter-affidavit.
During the proceedings, the counsel for the government argued that the chief judicial magistrate at the time had exceeded the boundaries of the Bharatiya Nagarik Suraksha Sanhita, the new code of criminal procedure, by ignoring mandatory safeguards under the law, Live Law reported.
It added that the police officers were not given an opportunity to respond to the allegations against them before Sudheer.
On the other hand, the counsel for the complainant questioned the maintainability of the petition, arguing that the state government was supporting the police officers working under the principal secretary (home).
The home secretary, who had approached the High Court, was supposed to act in the capacity of parens patriae, the counsel added.
Parens patriae is a legal doctrine empowering the state to act as guardian for persons unable to care for themselves, such as minors, the incapacitated or those with disabilities.
“The protector of the citizen,” Live Law quoted the counsel for the complainant as saying. “A person has been shot, he is to protect the citizens...At this stage, the state is jumping to protect its own officers, which cannot be allowed otherwise the justice will derail.”
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