The Allahabad High Court dismissed a plea by Samajwadi Party MP Zia-ur-Rehman Barq to quash an FIR related to Sambhal violence. The Court held that the FIR disclosed prima facie cognizable offences and directed that guidelines for arrests be strictly followed if action is taken against Barq.
The Allahabad High Court rejected a plea by Samajwadi Party MP Zia-ur-Rehman Barq seeking to quash an FIR filed against him in connection with the Sambhal violence. The case relates to communal clashes that erupted after a court-ordered survey of the Shahi Jama Masjid in Sambhal. The Bench of Justices Rajiv Gupta and Mohd Azhar Husain Idrisi stated that the FIR prima facie discloses a cognizable offence and no interference is warranted.
Key Observations by the Court
FIR Prima Facie Discloses a Cognizable Offence
- The Court emphasized:
- “We have perused the FIR, which prima facie discloses the cognizable offence against the petitioner. Therefore, the prayer made to quash the FIR cannot be entertained.”
- The decision was based on precedents from State of Telangana v. Habib Abdullah Jellani (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021 SCC Online SC 315).
Guidelines for Arrest
- The Court directed that if Barq is arrested, the State must strictly adhere to the law and Supreme Court guidelines.
- It referenced provisions under Section 35 of the B.N.S.S. and the Supreme Court's guidelines regarding arrests without warrants.
- “In case of effecting the arrest of the petitioner... the authorities shall ensure that the guidelines issued by the Hon’ble Apex Court are strictly complied with.”
Background of the Case
Communal Violence
- The violence occurred after a court-ordered survey of the Shahi Jama Masjid on November 19, 2024, following claims that the mosque was built over a demolished temple during the Mughal era.
- Clashes between protesters and police on November 24 led to five deaths and several injuries, with incidents of stone-pelting and vehicle torching reported.
FIR Against Barq
- Barq and Sohail Iqbal, son of local MLA Iqbal Mehmood, were named in the FIR.
- Police alleged Barq made provocative remarks during a visit to the mosque, which Barq denied, stating he was in Bengaluru at the time of the incident.
Barq’s Plea
- Barq argued that the charges were politically motivated and intended to harass and intimidate him.
- He accused the ruling Bharatiya Janata Party (BJP) in Uttar Pradesh of targeting him with false allegations.
Plea Against Police and District Magistrate
- A separate plea is pending before the High Court seeking FIRs against police officials and the district magistratein connection with the deaths during the clashes.
Court’s Ruling
- The High Court dismissed Barq’s petition to quash the FIR, citing no grounds for interference.
- The Bench emphasized that judicial scrutiny cannot amount to a mini-trial or a microscopic examination of facts and evidence.
