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The survey followed claims by a group of plaintiffs that the mosque was built over the ruins of a demolished temple.
NEW DELHI: The Allahabad High Court on Friday, Jan 3, stayed the arrest of Samajwadi Party (SP) Member of Parliament Ziaur Rahman Barq in connection with the recent violence during a court-ordered survey of the Shahi Jama Masjid in Sambhal.
However, the court refused to quash the FIR filed against Barq, keeping the investigation ongoing.
The violence erupted on November 24, 2024, during an Archaeological Survey of India (ASI) inspection of the mosque.
The survey followed claims by a group of plaintiffs, including lawyer Hari Shankar Jain and Hindu monk Rishiraj Giri, that the mosque was built over the ruins of a demolished temple.
The unrest led to five deaths and numerous injuries, sparking prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita to prevent further escalations.
A bench comprising Justices Rajiv Gupta and Azahar Husain Idrisi issued the order after hearing Barq’s petition.
The court directed the SP MP to cooperate with the ongoing investigation.
The ASI survey began on November 19, a day before a by-election in Sambhal, raising questions about the timing of the action.
Plaintiffs had approached a local civil court demanding access to the mosque, leading Judge Aditya Singh to authorize the inspection.
The initial survey team, accompanied by district officials and police, left after two hours, placing the city on high alert to preempt communal tensions.
On November 23, the BJP won the assembly seat in Sambhal for the first time in 30 years.
The following morning, ASI officials returned to continue the survey, prompting a large crowd to gather at the mosque.
Tensions escalated into clashes between protestors and police, who resorted to using teargas and pellet guns.
SP MP Ziaur Rahman Barq alleged that some officers used personal firearms and damaged property to provoke unrest.
The police filed seven FIRs, naming Barq and 2,500 unidentified individuals for alleged crimes during the violence.
Over 50 people, including women and minors, have been arrested.
The MP criticized the rushed nature of the survey, stating that no notice was issued to stakeholders, and called for a fair investigation into the events.
Samajwadi Party President Akhilesh Yadav has condemned the BJP-led Uttar Pradesh government for its handling of the incident, accusing it of exploiting communal issues for political gains.
Meanwhile, the SP has provided financial aid to families of the deceased.
