Allahabad High Court declines to quash FIR against Samajwadi Party MP from Sambhal for provocative speech:
By
Rajesh Pandey
The Allahabad High Court on Friday declined to quash the FIR lodged against Samajwadi Party MP from Sambhal Zia-Ur-Rehman Barq for delivering a provocative speech, which led to recent violence in Sambhal.
However, the court has made it clear that if the offence is punishable by up to seven years imprisonment only, a routine arrest should not be made, as per the guidelines issued by the Supreme Court in the case of Arunesh Kumar and also section 35 of Bhartiya Nagrik Suraksha Sanhita (BNSS).
Disposing of the writ petition, a division bench comprising Justice Rajiv Gupta and Justice Mohd Azhar Husain Idrisi observed, “We have perused the FIR, which prima facie discloses the cognizable offence against the petitioner and therefore, the prayer made to quash the FIR cannot be entertained and as such, we are of the view that no interference is warranted.
However, because all the offences, complained of in the impugned FIR, are punishable with a term of up to 7 years, therefore, in case of effecting the arrest of the petitioner in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in section 35 of BNSS and the guidelines issued by the apex court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273”.
Samajwadi Party MP from Sambhal Ziaur Rahman Barq has filed a writ petition in the Allahabad High Court seeking a stay on his arrest in connection with the recent FIR lodged against him by the police relating to Sambhal violence. He has also sought quashing of the FIR registered against him.
A first information report (FIR) was registered against Samajwadi Party MP Ziaur Rahman Barq by the police in connection with November 24 violence during protests to oppose a court-ordered survey of a Mughal-era Shahi Jama Masjid in Uttar Pradesh’s Sambhal district.
Barq has been accused of instigating people that led to violence that killed four people and left dozens injured. The Police have alleged that his MP’s provocative speech was the reason behind the violence during the survey at Shahi Jama Masjid.
During the court proceedings, the counsel for the petitioner, Imran Ullah pleaded innocence, saying that Sambhal MP was wrongly implicated in the matter.
According to his counsel, he was not present at the place of the incident, yet he was named as accused in the FIR.
He further submitted that all the offences, complained of are punishable by up to seven years and therefore, before effecting the arrest of the petitioner, specific provisions contained in section 35 of BNSS be strictly complied with given laws laid down by the apex court in several judgments.
The additional advocate general Manish Goyal represented the state government during the court proceedings.
A suit was filed before the civil judge, Sambhal claiming that a Harihar temple was once stood at the site, where Shahi Jama Masjid is situated. In the suit, he had sought a court-ordered survey of the Shahi Jama Masjid in Sambhal’s Kot Garvi area.
While entertaining the suit, the civil judge, Sambhal on November 20, 2024, directed a detailed survey of Shahi Jama Masjid of Sambhal.
However, on November 24, violence erupted in Sambhal district after a team led by an advocate commissioner surveyed the Mughal-era Jama Mosque on the orders of a local court, which resulted in the death of six persons.
