The Allahabad High Court rejected a plea to quash a FIR filed against SP MP Zia-ur-Rehman Barq in connection with the violence that broke out in Sambhal after a court-ordered survey of a mosque in the area.
A Bench of Justices Rajiv Gupta and Mohd Azhar Husain Idrisi rejected Barq’s plea to quash the FIR.
“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 in view of law laid down by Hon’ble Apex Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted,” the Court said in its order passed on January 3.
The Court also made it clear that if Barq is arrested in the case, the State must adhere to the law and relevant guidelines issued by the Supreme Court.
“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 B.N.S.S. (dealing with when police may arrest without warrant) and the guidelines issued by Hon’ble Apex Court … be strictly complied with.”
The violence in relation the dispute over the mosque had resulted in five deaths and several injuries.
In his petition, Barq argued that the charges against him were politically motivated.
He had denied any involvement in the violence and has accused the ruling Party in Uttar Pradesh of targeting him to harass and intimidate him with false allegations.
The communal clashes took place following a court-ordered survey of the Shahi Jama Masjid.
On November 19, a civil court in Sambhal directed an advocate commissioner to conduct a survey of the Shahi Jama Masjid in Sambhal.
The direction was issued in response to a plea filed by advocate Hari Shankar Jain and seven others who claimed that the mosque was constructed over a demolished temple during the Mughal era.
Violence erupted between protestors and police personnel on November 24 after a team of surveyors arrived in Chandausi town to conduct a second survey of the Shahi Jama Masjid, after the initial survey on November 19.
Barq and with Sohail Iqbal, son of local MLA Iqbal Mehmood, were named in the first information report (FIR) lodged by UP police.
