Sambhal Violence: Allahabad HC Denies Plea to Quash FIR Against SP MP

However, the court clarified that as the alleged offences attract a maximum punishment of seven years in jail, there should not be a routine arrest of the petitioner, in accordance with the guidelines issued by the Supreme Court in the case of Arunesh Kumar Vs State of Bihar as well as section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The Allahabad High Court on Friday refused to quash an FIR lodged against Samajwadi Party (SP) MP from Sambhal Zia-Ur-Rehman Barq for allegedly delivering a provocative speech that led to violence in the Uttar Pradesh district recently.

However, the court clarified that as the alleged offences attract a maximum punishment of seven years in jail, there should not be a routine arrest of the petitioner, in accordance with the guidelines issued by the Supreme Court in the case of Arunesh Kumar Vs State of Bihar as well as section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Advertisement

The division bench of Justices Rajiv Gupta and Mohammad Azhar Husain Idrisi, allowing the writ petition, said that it has gone through the FIR, which prima facie discloses a cognisable offence against the petitioner and therefore, the prayer made to quash the FIR cannot be entertained, and as such, this court is of the view that no interference is warranted.

"However, deeming the fact that all the offences, complained of in the impugned FIR, are punishable with a term of up to seven 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 the BNSS and the guidelines issued by the apex court in the case of Arunesh Kumar Vs State of Bihar reported in (2014) 8 SCC 273 are followed."    

Advertisement

Barq had moved for quashing of the FIR against him and also prayed for a stay on his arrest.

The FIR against the SP MP was lodged in connection with the November 24 violence during protests against a court-ordered survey of the Mughal-era Shahi Jama Masjid in Sambhal.

Advertisement

Barq has been accused of provoking people leading to violence leaving four dead, and dozens hurt. The police have claimed the provocative speech delivered by Barq has been the main reason behind this violence.

During the court proceedings, the petitioner's counsel, Imran Ullah, pleaded innocence, saying Barq was wrongly implicated in the matter. The lawyer said the MP was not present at the place of the incident, yet was named as an accused in the FIR.

Advertisement

He further submitted that all the alleged offences mentioned in the FIR are punishable by up to seven years in jail and therefore, before arresting the petitioner, the specific provisions contained in section 35 of the BNSS should be strictly complied with in view of the law laid down by the apex court in several verdicts.

Additional Advocate General of Uttar Pradesh Manish Goyal represented the state government.

Advertisement

A suit was filed before the Sambhal civil judge claiming that a Harihar temple once existed at the site of Shahi Jama Masjid. On November 20, 2024, the civil judge directed for conducting a survey of the Mughal-era mosque.

Read also| RSS Leader Indresh Kumar Offers Chadar at Ajmer Sharif Dargah

Read also| Delhi BJP Poster Mocks Kejriwal, Accuses Him of 'Loving Fake Voters'

Advertisement

Advertisement