Allahabad High Court constituted a three-member judicial inquiry committee for the Sambhal stone pelting incident
Sambhal: To ensure openness and high-quality investigation into the stone-pelting event in Sambhal, Uttar Pradesh Governor Anandiben Patel has appointed a three-member Judicial Inquiry Commission, led by Justice Devendra Kumar Arora (retired), Allahabad High Court.
The ruling states that retired IPS Arvind Kumar Jain and retired IAS Amit Mohan Prasad are the other two commission members.
Four people were killed and several more, including officials and residents, were injured in the stone-pelting incident that took place on November 24 during the ASI’s inspection of the Mughal-era mosque.
“The Governor thinks that it is necessary to conduct an inquiry in the public interest concerning the violent incident that took place on November 24, during the survey of the disputed Jama Masjid-Harihar Mandir Site in Town Sambhal, Police Station-Kotwali Sambhal, District-Sambhal, during the compliance of the order passed by the Court in which many police personnel were injured, four persons lost their lives, and various properties were damaged,” the decree stated.
“Now, therefore, in view of the comprehensiveness of the subject matter and to ensure transparency and quality of inquiry, in exercising the powers conferred by Section 3 of the Commission of Inquiry Act, 1952 (Act No. 60 of 1952), the Governor hereby constitutes the following three-member Judicial Inquiry Commission to be headed by Justice Devendra Kumar Arora (Retired), High Court, Allahabad,” it read.
In accordance with the directive, the panel will report on whether the incident was premeditated or a “sudden” occurrence, as well as the success of the police and District Administration’s law and order measures.
“The Commission will investigate the aforementioned event that took place on November 24 and report on whether it was an unexpected event or the product of a criminal conspiracy that was well-planned. To investigate the plans put in place by the police and district administration to keep the peace during the incident and other relevant matters,” the directive said.
According to the ruling, unless the government chooses to extend its time, the commission has two months from the date of this notice to finish its investigation.
“To determine the causes and conditions that led to the aforementioned occurrence. to provide recommendations for preventing future occurrences of this kind of situation. However, the Governor further directs under sub-section (1) of section 5 of the said Act that the provisions of sub-sections (2), (3), (4), and (5) of the said section 5 shall apply to this commission, as she believes that this is necessary given the nature of the inquiry in question and other case-related circumstances. The Commission has two months from the day this notice was issued to finish the investigation. It said that the government would be consulted before any changes were made to its term.
In the meantime, the Sambhal, Uttar Pradesh, Jama Masjid Committee of Management has petitioned the Supreme Court to overturn the lower court’s November 19 ruling requiring a mosque survey.
On Friday, a bench headed by Chief Justice Sanjiv Khanna will consider the Sambhal Jama Masjid’s appeal.
In its appeal, the Committee argued that the status quo should be maintained until the current petition is resolved and that the survey commissioner’s report should be preserved in a sealed cover.
“Surveys should not be ordered and executed as a matter of course in cases involving disputes over places of worship without hearing all parties and allowing sufficient time to the aggrieved persons to seek judicial remedies against the order of survey,” it said.
The court commissioner was instructed by the senior division civil judge on November 19 to conduct a survey of the mosque and submit the results to the court.
