Sambhal violence ‘pre-planned’: Panel indicts Samajwadi Party MP, MLA’s son

Key points flagged

Violence not ‘spontaneous’: In the report, former Allahabad High Court judge Justice Devendra Kumar Arora, who headed the commission, concluded that the circumstances preceding the violence indicated that the gathering on November 24 was not spontaneous but was “well-planned”.

It read, “The incident of violence dated 24 November 2024 was pre-planned and primarily the result of abetment by conspiracy hatched between Zia-ur-Rahman Barq, MP Sambhal; Suhel Iqbal, son of Iqbal Mahmood, MLA Sambhal; Zafar Ali, Sadar Intezamia committee, Jama Masjid, Sambhal; Kasim Jamal, Advocate; Mashhood Ali Farooqui, Advocate; secretary in Intezamia committee, Laddan Khan; Nayab Sadar, Intezamia committee; and other members of Intezamia Committee.”

The commission linked their alleged role to what it described as “political ambitions and an attempt to retain influence and control over the mosque”.

The judicial panel cited a chain of events beginning with the first survey on November 19 that year. These included alleged obstruction during the survey, statements by Barq following Friday prayers on November 22, WhatsApp messages asking people to turn up in large numbers for Friday prayers, and telephone communication between Zafar Ali and the MP on the night preceding the November 24 survey.

The commission also referred to the “history of riots and violence” in Sambhal as a possible cause leading to the violence.

The report stated, “The town of Sambhal has a population of 80% Muslim and 20% Hindu. This town has a long history of communal riots. Due to the environment and background of riots and violence, Muslim religious extremism has increased in Sambhal town, and elements that promote and provoke religious extremism have also gained strength, creating a fertile ground for religious extremism. In the district of Sambhal, two groups among the Muslims, Turks and Pathans, are active. A violent atmosphere is created for the fight of dominance between them.”

Police firing did not kill the four victims: The Commission observed that the four people who died during the violence were not killed by police firing. Relying on ballistic and other evidence, it said firearm injuries could have been caused by .315-bore weapons, while there was no evidence that police personnel deployed at the spot possessed weapons of that bore.

It observed that the four deaths appeared to have occurred in cross-firing among miscreants in the crowd, which the report identified as members of “local Turk and Pathan groups”.

The dead were identified as Naeem, a resident of Kot Kurvi locality; Bilal of Sarai Tareen; Numan of Hayat Nagar in Sambhal; and a 19-year-old youth.

It also noted the FIRs lodged by relatives of the four deceased named unidentified persons and that they did not accuse the police of killing the victims in their complaints or in their statements before the panel.

The report further read, “Doctors who did the autopsy… opined that they died as a result of gunshot injuries. Ballistic reports, which had been filed by SP with his additional affidavit, are also on record which shows that the injuries found on the person of deceased may have been caused by .315 bore weapons. Admittedly, there is no evidence on record that any police personnel had any .315 bore weapons in their hands.”

The commission also noted that seven of the police personnel suffered bullet injuries “from firing by people in the crowd”.

The report records incidents of stone-pelting, firing and arson, damage to police and private vehicles and attacks on police personnel. It also refers to an incident in which police ammunition was allegedly snatched.

Grave threat to national security: The Commission said, “Thorough examination of eyewitness statements, forensic reports, and other relevant evidence by the commission leads to an unequivocal conclusion that the Sambhal violence poses a grave and deadly threat to national security and unequivocally attracts stringent provisions of the Bharatiya Nyaya Sanhita.”

“The orchestrated violence, characterised by widespread destruction and chaos, aims to undermine India’s unity, integrity, sovereignty, security, and economic stability, striking terror among the populace. If proven, such egregious acts will warrant severe penalties, including life imprisonment,” it added.

Backs administration’s preparedness: On whether the district administration and police had adequately prepared for the survey, the Commission largely backed their actions. It noted that prohibitory orders were in force, peace committee meetings had been held, appeals against rumours and unlawful gatherings were issued, CCTV cameras were checked, additional forces were requisitioned and barricades were erected at sensitive locations.

Recovery of ‘made in USA’ 12 bore shell: Calling the incident a threat to national security and pointing to the possibility of involvement of outsiders, the commission observed, “Post-riot, the incident site was inspected, and nearby drains were cleaned with a metal detector (HHMD) and municipal workers’ help in the presence of LIU and Field Unit for evidence collection, recovering a foreign 12-bore shell marked ‘Made in USA’, with a seizure memo prepared.”

The dispute

The Sambhal dispute dates back to November 19, 2024, when Hindu petitioners filed a suit in the Sambhal district court claiming the Shahi Jama Masjid was built over a temple back in the 16th century.

A court-ordered survey was conducted on the same day, followed by another on November 24. The second survey triggered unrest in the area, resulting in the death of four persons and injuries to 29 policemen.

A total of eight petitioners filed the case in the Sambhal court. These include advocate Hari Shankar Jain, who is also a lawyer in the Gyanvapi mosque-Kashi Vishwanath dispute; Advocate Parth Yadav; and Mahant Rishiraj Giri, the mahant of the Kalki Devi temple in Sambhal. Other petitioners are Noida resident Ved Pal Singh; Sambhal residents Rakesh Kumar, Jitpal Yadav, Madanpal, and Deenanath.

The plea claimed there is a “centuries old Shri Hari Har Temple dedicated to Lord Kalki in the heart of city of Sambhal which is being used forcibly and unlawfully” by the Jama Masjid Committee.