2024 Sambhal violence | Biscuit seller shot thrice in ‘police firing’: Court orders FIR, police to appeal

After hearing Yamin’s plea, the court allowed the application under Section 173(4) of the BNSS. 

“In the present case, medical documents filed in relation to the victim, Alam, record that he sustained a ‘gunshot wound’ and also refer to ‘police firing in a riot’, rendering the matter suspicious and indicating the commission of a cognisable offence arising from the incident. Medical records clearly show Alam suffered two bullet injuries to his back and one bullet injury to his hand. They further indicate a fracture to a bone in his hand, with relevant medical papers and X-ray reports placed on record,” it said. 

The court also noted that the report submitted by the police raises suspicion. “… The police have themselves placed Alam’s medical documents on record and recorded statements of treating doctors. However, these statements appear to be inconsistent with medical reports and circumstances of the incident, thereby casting doubt on the police version and indicating the commission of a cognisable offence,” it said.

“… it is essential that the true and correct facts of the case be placed before the court. At the prima facie stage, the material on record discloses the commission of a cognisable offence. Accordingly, in view of the relevant legal provisions and facts and circumstances of the case, it appears necessary and just that an investigation be ordered,” the court said.

“The Station House Officer (SHO) of Sambhal is directed to register a case in relation to the incident described in the application and to ensure the investigation is carried out strictly in accordance with law. The details of the registration of the case shall be placed before the court within seven days,” it added.

When contacted, Superintendent of Police, Sambhal, Krishan Kumar, said they would be filing an appeal against the court order in the High Court.

Violence broke out near Sambhal’s Shahi Jama Masjid on November 24, 2024, during protests against a court-ordered survey of the 16th-century mosque. A large crowd clashed with the police, leaving four people dead and several others — including police personnel — injured.

Delay in treatment, delay in FIR

According to the court order, the complainant stated that on the morning of November 24, 2024, Alam, a street vendor selling pape biscuits on a handcart and supplying them to shops, left home for work at 8 am. 

At 8.45 am, he was near the Jama Masjid and noticed a large crowd had gathered there. As Alam moved closer to the spot, the complainant alleged that the then Sambhal Circle Officer, Anuj Chaudhary, the then inspector of Sambhal police station, Anuj Kumar Tomar, along with 15-20 other police personnel, suddenly opened fire on the crowd. 

Alam abandoned his cart and attempted to flee but two bullets hit him. He was rescued by some people at the spot.

As per the order, Yamin said he first took Alam to several doctors and hospitals in Sambhal for treatment, but claimed none agreed to attend to him. Fearing police action, he kept his son at home for three days. 

Then, the order noted, Yasmin claimed he took his son to hospitals in Moradabad and Aligarh but was denied admission. He then took his son to a hospital in Meerut where he concealed his address to secure his admission. Alam underwent surgery.

As per the order, the complainant further stated that he remained preoccupied with his son’s medical treatment and, owing to fear, was unable to submit a complaint earlier. 

He said he later submitted written complaints to the Superintendent of Police, Sambhal; District Magistrate, Sambhal; Deputy Inspector General of Police, Moradabad; and Director General of Police, Uttar Pradesh, Lucknow, but no FIR was lodged. Finally, approaching court, Yasmin had sought directions to the SHO of Kotwali Sambhal to register his complaint.

On consideration of the application, the court called for a report from the Sambhal Police. 

As per the police report submitted, it was stated that the victim had informed the treating doctor that he sustained the gunshot injury during a scuffle in Asmoli village. 

It was further stated that the bullet removed was sent to the Forensic Science Laboratory, Agra, for examination. According to the FSL report, police said the recovered bullet was of 7.65 mm (32 bore), a calibre not used by the police. Based on this, police claimed the available evidence does not establish that Alam was injured by a bullet fired by police personnel.