CJ Allahabad High Court directs listing of PIL seeking CBI probe into Sambhal violence before a court with Criminal Jurisdiction:
By
Rajesh Pandey
In another PIL relating to Sambhal violence, a division bench headed by the Chief Justice on Thursday directed the listing of this public interest litigation (PIL) petition seeking a CBI probe into the violence that erupted last month in Sambhal, Uttar Pradesh, before a bench with the jurisdiction to hear criminal PILs.
The division bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar currently lacks jurisdiction to hear PILs like criminal writs. As the present matter pertains to a criminal issue, it falls outside this division bench’s jurisdiction. Consequently, the court directed that the plea be transferred and listed before the appropriate bench with the required jurisdiction.
The PIL filed by one Anand Prakash Tiwari through his counsel Imran Ullah and Vineet Sankalp had requested the court to appoint a committee of officers of any central investigating agency, not coming under the UP government, to investigate the role of state government and its administrative officers for their involvement and omission in the incident dated November 24 near Jama Masjid, Chandausi, Sambhal district and submit its report within a specific time frame as provided by the court.
In addition to it, a request was also made in the PIL for a SIT investigation, headed by a retired high court judge with regard to the role of commissioner of Moradabad region, district magistrate (DM) as well as superintendent of police (SP) of Sambhal and other officers in the incident near Jama Masjid on November 24.
The PIL has alleged the possible administrative negligence and the role of the local authorities in the violence.
The PIL also requests that necessary guidelines be framed regarding the role and responsibilities of district authorities while assisting in a future survey of religious monuments/sites if directed by any court.
It is recalled that on November 24, violence erupted in Sthe Ambhal district after a team led by an advocate commissioner surveyed the Mughal-era Jama Mosque on the orders of a local court.
A court-ordered survey of the Shahi Jama Masjid in Sambhal’s Kot Garvi area, prompted by a petition claiming a Harihar temple once stood at the site led to a confrontation on Sunday.
