2024 Sambhal violence | ‘Police report inconsistent with medical reports… raised suspicion’: Why court ordered FIR against cop

His father, Mohammad Yamin, in his plea in the court, said his son sustained three gunshot wounds. Yamin said he had been unable to lodge a complaint earlier due to fear and added that after approaching officials with no success, he decided to seek the court’s intervention to direct the registration of an FIR.

While the Sambhal police, in its response, denied the allegations and said the bullet allegedly removed from Alam’s body was not one used by the police, they also claimed that Alam was wanted in one of the violence-related cases and that his name had surfaced during investigation.The court, in its order on January 9, said: “…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.”

As per the police report submitted, it was stated that the bullet removed from Alam 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.

The court, however, said, “The 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… 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 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.

While the court ordered the Station House Officer (SHO) of Sambhal to register a case and sought the details of the registration of the case within seven days, Sambhal Superintendent of Police Krishan Kumar said they would be filing an appeal against the court order in the Allahabad 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.

Yamin, in his plea, had said that his son had left home for work on that day 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 in the back and one in the hand. He was rescued by some people at the spot.

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.