On January 20, 2025, Irfan, a 40-year-old resident of Sambhal, was detained by police following a complaint alleging non-repayment of a loan. Within hours of his detention, Irfan passed away. His family alleged that he was denied access to essential medications despite informing the police of his critical condition. They accused the authorities of custodial torture, a claim denied by the police, who asserted that Irfan suffered a heart attack and cited CCTV footage as evidence.

Eyewitnesses, including Irfan’s son, reported that the police ignored repeated pleas to allow Irfan to take his medication. His wife, Reshma, stated that the family had informed the officers of Irfan’s heart condition, yet their concerns were dismissed. This negligence was highlighted as not just an operational lapse but a systemic disregard for detainee rights and basic humanity. Testimonies from neighbours and community members described Irfan as a law-abiding individual whose arrest and subsequent death were deeply shocking for the local population

Medical reports submitted by the family suggested pre-existing cardiac ailments, further calling into question the police’s decision to ignore his health condition. Legal experts pointed out that procedural safeguards under the BNSS (earlier CrPC) and the guidelines issued by the National Human Rights Commission (NHRC) were blatantly ignored. No medical evaluation was conducted before taking him into custody, a critical violation of NHRC mandates.

 

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The custodial death unfolded in a state notorious for its high incidence of such cases. According to the National Crime Records Bureau (NCRB), Uttar Pradesh leads in custodial fatalities, pointing to systemic lapses in police accountability and adherence to legal procedures.

Outrage and protests

The news of Irfan’s death spread rapidly, sparking widespread public outrage in Sambhal. Hundreds of locals, activists, and political leaders gathered outside the Raisatti police outpost, demanding justice and accountability for what they termed an egregious instance of custodial torture. The protesters carried banners and chanted slogans, urging an independent investigation into the incident. Allegations of inhumane treatment, including the denial of essential medical care, intensified public anger. Eyewitnesses described how the police abandoned the outpost as tensions escalated, leaving it temporarily unmanned. Law enforcement reinforcements, including personnel from the Rapid Action Force, were eventually deployed to manage the situation and restore order.

Political reactions amplified the significance of the protests. Akhilesh Yadav, president of the Samajwadi Party, denounced the custodial death, calling it a “dark stain on the rule of law” under the BJP-led government. He accused the administration of institutionalizing impunity for police excesses. Similarly, Chandra Shekhar Azad, leader of the Bhim Army, pointed to a disturbing trend of custodial deaths disproportionately affecting marginalized communities. He demanded immediate action against the responsible officers and called for systemic police reforms to address such incidents.

Community leaders emphasized that the protests in Sambhal reflected deeper grievances among minority groups, who view custodial deaths as symbolic of institutional bias. Activists highlighted the disproportionately high number of such incidents in Uttar Pradesh, noting that these acts erode trust in law enforcement, especially in minority-dominated areas. The protests became a rallying cry for justice, drawing attention to broader issues of systemic inequities and police misconduct

Judicial commission’s investigation

In response to widespread public pressure and growing national scrutiny, the Uttar Pradesh government established a judicial commission to investigate the custodial death of Irfan and other recent incidents of violence in Sambhal. Headed by retired High Court judge Devendra Arora, the commission visited the region to conduct a thorough inquiry into the events. The investigation aimed to uncover procedural lapses and examine whether Irfan’s fundamental rights were violated during his detention.

The commission undertook multiple tasks, including recording statements from Irfan’s family, community members, and local law enforcement officers. It also reviewed medical evidence, including post-mortem reports, which suggested discrepancies in the police’s official narrative. Reports highlighted a lack of adherence to mandatory procedures, such as the requirement for medical evaluation upon arrest, which is stipulated under the NHRC guidelines and the CrPC (now BNSS).

In addition to investigating Irfan’s case, the commission also expanded its mandate to review broader issues of police conduct in Sambhal. This included an examination of the November 24, 2024, riots, which erupted during a controversial land survey near the Shahi Jama Masjid. Witnesses testified that police inaction and delayed intervention exacerbated communal tensions, leading to widespread violence and property damage. Many residents alleged that the authorities selectively targeted certain communities during the subsequent crackdown..

Systemic concerns and broader implications

The custodial violence in Sambhal is not an isolated incident but a reflection of systemic issues that plague law enforcement across the country. For instance, the case of Somnath Suryavanshi in Parbhani, Maharashtra, on December 15, 2024, mirrors similar patterns. Suryavanshi, a 35-year-old Dalit activist, was arrested following communal violence triggered by the desecration of a replica of the Constitution. While in judicial custody, he complained of chest pain and died shortly thereafter in a state-run hospital. His family alleged police brutality, claiming he was targeted for his Dalit identity and activism. This led to widespread protests, with political leaders, including Rahul Gandhi, asserting that Suryavanshi’s death was a “cent per cent custodial death.” The protests intensified demands for justice and highlighted recurring instances of misuse of power by law enforcement agencies, especially against marginalized communities. These incidents underline the urgent need for systemic reforms to ensure accountability and prevent custodial violence from becoming a normalized aspect of governance

Legal framework governing custodial deaths and torture

The legal implications of custodial torture and deaths in India highlight critical gaps in both legislative enforcement and systemic accountability. Drawing from constitutional mandates, criminal law provisions, and NHRC guidelines, custodial violence remains a grave violation of human rights and judicial directives. Article 21 of the Constitution enshrines the right to life and personal liberty, encompassing protection against inhumane treatment. This is supplemented by Article 22, which provides procedural safeguards during arrest and detention. Yet, these constitutional guarantees are undermined by systemic abuse.

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replacing the CrPC, introduces critical procedural safeguards to address such violations. Section 196 mandates a magisterial inquiry in cases involving custodial deaths or rapes, emphasizing the role of judicial or metropolitan magistrates over executive magistrates to ensure impartiality. Section 194 empowers district magistrates to conduct inquests, highlighting the increasing responsibility of civil authorities in ensuring transparent investigations. These provisions align with prior guidelines under Section 176(1A) of the CrPC but aim to bridge enforcement gaps by centralizing accountability within the judicial framework.

NHRC guidelines further reinforce this by mandating independent autopsies, immediate reporting of deaths, and time-bound investigations. However, despite these safeguards, the enforcement remains lacklustre. Data reveals that over five custodial deaths occur daily, underscoring the persistent misuse of authority by law enforcement agencies.

Judicial precedents have consistently emphasized the importance of due process in custodial situations. In D.K. Basu v. State of West Bengal 1997 (1) SCC 416, the Supreme Court issued comprehensive guidelines to prevent custodial torture, mandating arrest memos, family notifications, and access to legal representation. Similarly, in Sunil Batra v. Delhi Administration 1980 SCC (3) 488, the apex court decried the use of third-degree methods and indiscriminate handcuffing, terming them violative of Articles 21 and 19.

The lack of adherence to these safeguards in cases like Sambhal and Parbhani not only underscores institutional bias but also highlights the urgent need for systemic reforms. It is imperative that police training incorporates a human rights perspective and that civil society acts as a watchdog to bridge enforcement gaps. Furthermore, India’s failure to ratify the UN Convention against Torture reflects a broader reluctance to institutionalize accountability mechanisms at the international level. This reluctance, coupled with the rising trend of custodial violence, demands immediate legislative and administrative intervention to safeguard the dignity and rights of individuals.

Related:

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Custodial deaths highest in Gujarat over 5 years; jails overcrowded

A Muslim man in Hyderabad detained on suspicion of theft reportedly subjected to custodial torture for 5 days

The post Sambhal Custodial Death: A systemic failure exposed appeared first on SabrangIndia.

Jankar has also offered to resign if the ECI agrees to conduct fresh by-elections. Failing the same, the MLA will then decide the next step of the agitation within the next 15 days. Jankar’s constituency includes the village of Markadwadi that had made history post declaration of results in Maharashtra on November 23, 2024. Electors had attempted to conduct a mock-poll with paper ballots as only 300 votes were recorded from a village where Jhankar’s supporters claimed to be 2,000. They were stopped in the exercise by the local authorities and police. A press conference will be held to announce next steps on January 24, 2025, at the Press Club of India, New Delhi, at 3 P.M. Former Justice Kolse Patil speaking on behalf of the movement, said, “we are fighting for the nation and want to produce evidence before the ECI against EVM manipulation” seeks appointment with CEC

Jankar has made it clear that he is willing to resign if the Election Commission does agree to his demand for a re-election using paper ballots. It is his claim that he got less votes from every village that were put in by the people in his constituency. He is determined to step down if the ECI conducts a fresh poll by the legally prescribed method i.e. Ballot Papers. As evidence, he has gathered around 1,76,000 notarized affidavits from individuals who claim to have voted for him, further strengthening his case. Today he submitted a sample of 1,300 of these in a bound volume to the ECI.

This move is part of a larger battle against the illegal use of EVMs and VVPAT machines, which, according to Jankar, compromises the integrity of the election process. Retired Justice Kolse Patil, speaking on behalf of the movement, emphasised that they are fighting for the nation’s democratic principles and intend to present evidence before the ECI. 

Fighting in country’s interest, citing evidence of EVM manipulation since 2014

Justice (Retd.) B.G. Kolse Patil, former judge of Bombay High Court, has long been at the forefront of efforts to challenge the alleged manipulation of EVMs. Speaking to SabrangIndia, Justice Patil said that we are fighting completely for the interest of the country, and have been fighting since 2014. He alleges that post 2014, the government had through a variety of manipulations effected varations in the electronic voting system that allowed for non-transparency. He recalls how he had filed a petition in the Supreme Court before 2014, and Justice Ranjan Gogoi had remarked that, ‘EVM is not dependable.’ That is why the VVPAT was introduced. However limiting possibility of scrutiny of VVPATs and introduction of external elements through the SLU (internet linkages to the ECI website) have ensured vulnerability of the entire system.

Want to produce evidence before the Election Commission: Justice Patil 

Justice Patil, speaking about the ongoing fight against EVM manipulation, emphasised the need to present concrete evidence to the Election Commission. He explained, “Now that he (Jankar) has been elected as an MLA, even he feels that EVMs should not exist for the benefit of the country. This is an exceptional case. When we lose, the Election Commission says we (are raising issue of EVMs only when we lost), so we should accept it! But here, we haven’t lost. Jankar has won. We want to change this system. And we want to provide proof for that. It’s not that we are talking casually; we are bringing proof. He has collected an affidavit from every voter in every village, and we want to present this evidence before the Election Commission. In the village where he should have received 1200-1500 votes, he only got around 300 votes. So, where did his votes go? When we were trying to establish this through a mock poll, you stopped it, which means you are hiding something. 

“Recently, advocate Mehmood Pracha also sought video footage from all constituencies in Haryana, and the High Court approved it. After that, the government changed the law. So, the extent to which the government will go has crossed all limits of hiding and lying is beyond belief. We are fighting against this” justice Patil told Sabrang India

Trying to meet Election Commission Justice Patil

Justice Patil also expressed frustration over the Election Commission’s refusal tactics to meet with the delegation. He stated, “We are trying to meet with the ECI. We went to the Commission this morning, but we were not allowed to meet them. We will go again at 4 pm today. We know that the Commission will not meet us. If they don’t respect the Supreme Court, why would they meet us? But we will expose this no matter what. This is for the benefit of the nation; we don’t have any personal animosity with the Commission.”

It is to be noted that Uttamrao Jankar, sitting MLA and Justice Patil were not able to meet the Commission on the afternoon of January 23 as well, but were able to submit 1,300 affidavits as evidence to the Commission. As told by Justice Patil, they made it to the reception of the ECI, and submitted these sample affidavits to the ECI. Justice Patil said that they are ready to supply the truck full of the remaining affidavits to the authority as well, if they demand the same.

NSP (SP) MLA Uttam Rao Jankar announced press conference

MLA NCP (SP) Uttam Rao Jankar, Justice (Retd.) Kolse Patil and advocate & national convenor of Mission Save Constitution, Mehmood Pracha, under the banner of Mission Save Constitution, have announced a crucial press conference regarding the ongoing fight against the illegal deployment of EVM-VVPAT machines in India’s election process. This press conference will take place on January 24, 2025 at 3:00 P.M. at the Press Club of India, Raisina Road, New Delhi. 

PRESS CONFERENCE
The winner MLA (Markadwadi area) Maharashtra offers to resign if @rajivkumarec @ECISVEEP ready to hold elections by ballot paper. Another #TruthOrDare for @narendramodi @AmitShah @RSSorg @BJP4India
FYI @RahulGandhi @kharge @priyankagandhi @Mayawati… pic.twitter.com/sc6xlIKujt

— Mehmood Pracha (@MehmoodPracha) January 22, 2025

Markadwadi and the beginning of the protests

The controversy surrounding the 2024 Maharashtra State Assembly Elections began in the village of Markadwadi, located in the Sholapur district. Villagers in Markadwadi, a predominantly NCP (SP) supporting area, became increasingly dissatisfied with the election results, particularly with the outcome of the Malshiras constituency. On November 23, when the results were declared, NCP candidate Uttamrao Jankar emerged victorious, but many villagers questioned the voting patterns (as they emerged during the counting/results) in their own village. Markadwadi, with a population of approximately 2,000, had 1,900 voters, and the results showed that BJP’s Ram Satpute had received 1,003 votes while Jankar secured only 843 votes. This outcome seemed implausible to the villagers, as Jankar had historically enjoyed significant support in the region. 

The plan for a re-poll with ballot papers

The villagers, frustrated with the electronic voting machines (EVMs), decided to conduct a symbolic “repoll” with paper ballots on December 3 to challenge the results and the credibility of the EVMs. They set up makeshift booths and electoral rolls, mirroring the official process. However, the authorities intervened with prohibitory orders and a heavy police presence to halt the protest. Despite the legal backing for paper ballots under the Representation of People Act, the administration deemed the mock poll illegal. The authorities insisted that the election process had been conducted transparently and declared the villagers’ attempt to hold a re-poll as unlawful.

FIRs and legal action against the protesters

In response to the planned mock election and following the unrest erupted in Markadwadi, the Solapur Rural police, day after filed an FIR on December 4 against newly elected NCP (SP) MLA Uttam Jankar and around 200 others for breaching prohibitory orders issued under section 163 of the BNS This came after the district administration had cancelled the planned re-polling exercise, which aimed to challenge the EVM results of the November 20 election. Despite the administration denying permission, MVA supporters, led by Jankar, decided to proceed with the ballot voting.

In anticipation of potential unrest, the district authorities also imposed prohibitory orders and deployed heavy police forces in the village. Jankar, who had defeated BJP’s Ram Satpute from Malshiras, by 13,000 odd votes, was present to support the mock polling. While the MVA supporters set up a pandal and made necessary arrangements, police held several meetings with the villagers and Jankar to persuade them to call off the event.

Protests in Pune, Sholapur and Akola

The dissatisfaction with the EVM results spread beyond Markadwadi. On December 5, protests erupted in Pune, Sholapur, and Akola, where demonstrators gathered to voice their discontent against what they called a “manipulated and fixed election.” The protests coincided with the swearing-in of the newly elected Maha Yuti state government, which further fueled public outrage. Demonstrators in Pune included leaders from the Indian National Congress (INC) and the UBT-Shiv Sena, who joined forces to demand an investigation into the alleged manipulation of the EVM process.

Growing public unrest and the EVM controversy

Across the state, allegations of EVM malfunctions and voting discrepancies became more widespread. Winning candidates like Jankar and Varun Sardesai from Shiv Sena (UBT) also raised doubts about the reliability of the EVM results. Sardesai noted the discrepancy between the postal ballot trends and the EVM results, which showed a dramatic shift in favor of the Mahayuti coalition, a result that appeared incongruent with the earlier postal ballot data. The public outcry grew as many felt the election process lacked transparency and fairness. In Solapur, local activist Raju Kohli voiced strong dissatisfaction, equating the swearing-in of the chief minister to the swearing-in of the EVM, not the will of the people.

As protests spread, the calls for electoral reform grew louder. More than 34 candidates across the state filed requests for verification of VVPAT (Voter Verifiable Paper Audit Trail) slips, highlighting the deepening concern over the EVMs’ reliability. The protests also saw participation from national leaders, including Congress President Mallikarjun Kharge, who led a rally in Delhi under the banner “Save Constitution, Save Waqf, Save Reservation, Remove EVMs.” These events marked a growing movement calling for the replacement of EVMs and a return to voting by paper ballots, which were seen as a more trustworthy method of voting.

Legal and Constitutional concerns over EVMs

The legal basis for the protests rested on the argument that the use of EVMs was not legally justified. According to Section 59 of the Representation of People Act, 1951, voting must be conducted through paper ballots unless the Election Commission issues a specific order under Section 61A to justify the use of EVMs. Critics also argued that the EVMs were being used without proper legal authorisation, leading to questions about the legitimacy of the voting process. This legal challenge formed the backbone of the protests, with activists and politicians calling for a revaluation of the electoral system.

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The post EVM row: Winning MLA from Malshiras (Markadwadi) issues ultimatum to ECI, demands elections by ballot papers appeared first on SabrangIndia.

Constructions such as 250 residences, one dargah, and nine mazars have been demolished. As per the Dwarka Superintendent of Police Nitesh Pandey, the structures were majorly “religious” or “commercial”, as reported by the Indian Express. More than seven islands of the Dwarka district have been freed from the illegal encroachments as part of the ongoing demolition drive in Dwarka. 

The Home Minister of Gujarat, Harsh Sanghvi shared a post on X, announcing the success of the demolition drive. He also shared aerial footage sharing the post demolition status of the cleared lands on the 7 islands that are 100% free from encroachments. He appreciated the coordinated efforts of the administration and the law enforcement authorities in the demolition drive by stating that “The historic bulldozer operation in Devbhumi Dwarka has yielded significant results.”

Targeting of minorities under pretext of removing illegal encroachments

While the demolition drive has proceeded peacefully, there have been concerns that have been raised that the Muslim minority of the region have been targeted unfairly and that the removal of encroachments has not followed the due procedure of law. The Gujarat Minority Coordination Committee wrote a letter to the chief minister Bhupendra Patel, requesting him to stop the “discrimination against the community.” The letter signed by Mujahid Nafees, convener of the Minority Coordination Committee also stated that “there should be no discrimination between Hindus and Muslims in the clearing of encroachments.”

The above allegations have been denied by the Superintendent of Police of Jamnagar, Premsukh Delu, stating that the Pirotan island is very sensitive due to its location. He claimed that “From a national security perspective, this island is critical due to its proximity to the international waters. Production facilities of Reliance Industries, Gujarat State Fertilisers and Chemicals Limited and Nayara Energy are located in Jamnagar, besides air force and navy base stations.” He further added that “There are concerns of narcotics landing here from international waters,” as reported by India Today.

Flouting of Supreme Court guidelines regarding issuance of notice before demolition

Local authorities have emphasized that proper and timely notices were issued before the demolition of the unauthorized constructions was carried out. They have claimed that legal action was only initiated after the expiration of the deadlines. 

While the authorities have claimed that the demolition drive has been conducted as per rules and regulations, the locals have contended that the first notice was issued to them on January 3, and the second notice was issued on January 7 for furnishing documents of their properties. Public hearings were conducted on January 8 and 9, and the demolitions began on January 10. They have argued that the given time is very little for people inhabiting these properties for furnishing their documents and presenting their case. 

It must be noted that, in 2022, the Supreme Court laid down guidelines with regards to demolition of structures, whereby the Court mandated that no demolition must be carried out without a service of notice, and within time provided by the local municipal laws or a period of 15 days from the date of the service of the said notice. A bench headed by Justices BR Gavai and KV Vishwanathan also said that “If the executive takes the role of a judge and orders demolition of a house without following the process of law, it is violative of the rule of law. The state cannot take arbitrary action against the accused or convict without following the due process of law.”

It can be seen here the local authorities have demolished the encroachments without providing proper notice and time for the people to present their case and challenge the demolition or to manage their affairs before the demolition is to take place.

Displaced locals left in distress

While the authorities have claimed that proper notices were issued, multiple locals have stated that they received little to no warning before the demolition took place. People were seen in distress as their homes were being destroyed while they desperately attempted to salvage their belongings.

Multiple critics have also claimed that the real motive behind the demolition drive in Dwarka, Gujarat seems like an attempt to clear out the Muslim community under the garb of environment protection. While the Government has made claims to provide compensation for the displaced families, many locals feel uncertain about their future, as reported by Kashmir Media Service News.

The Social Democratic Party of India has also commended the demolition drive and stated that “no need to say that Muslim places of worship and Muslim monuments are inevitably the target.”  

Demolition drive in Dwarka: Part of a larger scale demolitions across Gujarat

In a series of similar actions that started in October, 2022, the demolition drive in Dwarka, Gujarat is the latest. Illegal residences, 9 mosques and shrines in the coastal areas surrounding the Gir Somnath temple in late 2020. In Junagarh, a dargah and a temple encroaching on the government land were demolished in March, 2024. Similar drives followed in Kutch and Porbandar to allegedly free coastal areas of illegal structures and allow the police to regulate unauthorized movement in the region for national security and recent increase in the narcotics trade.

The increase in the frequency of such demolition drives and their supposedly accidental target towards the minority Muslim population raises serious concerns regarding the true intention behind such drives and if they really are for protecting national security and national interests. While the authorities have claimed that the removal of encroachments in Dwarka has been via due process of law, the locals seem to not have been given proper opportunity to present their case and there has been no action on behalf of the Government to rehabilitate or compensate the displaced families and people. These arbitrary actions seriously violate the human rights of the people.

Related:

Supreme Court rebukes “Bulldozer Justice,” plans to issue nationwide guidelines to prevent arbitrary demolitions

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Supreme Court to hear urgent pleas against state-sanctioned bulldozer demolitions in Madhya Pradesh and Rajasthan

The post Dwarka: Clearance of encroachments leaves locals hopeless and in anguish appeared first on SabrangIndia.

Akshay Shinde was an attendant at a school in Badlapur and was arrested in August, 2024 for allegedly sexually assaulting two minor girls in the school toilet. On the 23rd of September, 2024, Shinde was killed while he was being transported from Taloja jail for questioning in another case of sexual assault that had been filed against him by his wife.

The police alleged that Shinde snatched a gun from one of the police personnel present in the van transporting him and opened fire, and he was killed in retaliatory firing that was done as a means of self-defence. He was killed by a Senior Police Inspector while one Additional Police Inspector, two constables and one police driver were present in the van.

Encounter killings are regarded as a legitimate way of law and order enforcement by different sections of society, but the widespread support does not make the action right. Encounter killings stand against the constitutional machinery of India where a person is considered innocent until proven guilty, the constitutional guarantee of ensuring that due process of law is followed, and the principle of proportionality of the punishment. Such arbitrary actions are unconstitutional, illegal and unacceptable.

As per the data collected by the National Human Rights Commission (NHRC), between the years 2016 to 2022, there have been 813 cases of encounter killings that is an average of 1 killing every three days. This data is alarming and raises concerns regarding the arbitrary and illegal actions of the police.

Here is a quick overview of the proceedings in the case –

September 25, 2024 – After a criminal writ petition filed by Anna Shinde, the father of accused Akshay Shinde, the Bombay High Court began hearing the case on the 25th of September, 2024. On 25th September, the court orally stated that it was hard to believe that the accused, who wasn’t a “strong man,” couldn’t be subdued by the police officers accompanying him and that the use of force was necessary. It has been argued by the Petitioner that when he met the accused, his son, on 23rd September, 2024, there was no indication that he was in a troubled state of mind.

Mr. Venegavkar, the learned Public Prosecutor (P.P.) in the case, mentioned that at the time of the transfer, the accused was sitting in the rear end of the vehicle along with an Assistant Police Inspector (API) and two constables, while the Police Inspector (PI) sat in front with the driver. The API later called the PI and informed him that the accused was getting unstable and was quarrelling, after which, the vehicle was stopped and the PI came and sat in the rear end of the vehicle. Shortly after that, the accused snatched the service gun from the API and fired two bullets towards the police officers which missed the officers, and immediately after that, the PI pulled out his service gun and shot at the accused which hit him on his head resulting in his death.

The Court noted that the Human Rights Commission and the Judicial Magistrate be informed of the custodial death as mandated by the law.

October 3, 2024 – On the next hearing of the case, that is on the 3rd of October, 2024, the Court noted that the post-mortem report has been forwarded to the Chief Judicial Magistrate (CJM) for conducting an inquiry under Section 196 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) into the custodial death of the accused Akshay Shinde, and all other documents required for the same would also be transferred at the earliest possible time. Further, the Court requested for the Magisterial Inquiry Report to be expedited.

November 18, 2024 – By an order dated 18th November, 2024, the High Court granted an extension till 2nd December, 2024 for the completion of the magisterial inquiry in the case, and noted that all the necessary documents for the inquiry had been transferred to the Magistrate.

December 2, 2024 – The date for submission of the Magistrate Inquiry Report was further extended to 20th January, 2025 by an order dated 2nd December, 2024 as certain necessary documents had not been submitted to the Magistrate.

January 20, 2025 – On 20th January, 2025, the High Court perused the report submitted by the Magistrate after his inquiry in the case. As per the report, the five police personnel have been held to be responsible for the custodial death of the accused.

Based on the inquiry, the division bench of the High Court, consisting of Justices Revati Mohite Dere and Neela Gokhale, has directed the State government to file an FIR and sought details regarding the agency that will probe this case. The Court directed the Government to provide the details of the agency that will investigate the case to the High Court within a period of two weeks.

The report submitted by the Magistrate has also noted that there were no fingerprints of the accused on the weapon used and no gunshot residue has been detected, therefore the use of force by the police personnel was not justified.

The report has supported the allegations of false encounter made by the father of the accused.

The Court held that apart from providing the State Human Rights Commission with a copy of the magisterial inquiry report as per protocol, a copy should also be provided to the State and the father of the accused who had filed a petition for an investigation into the death of the accused.

This case highlights the dire situation of law and order enforcement in India where it is a common practice for the police to take the law into their own hands without any fear of retribution. There is a rampant abuse of power and disregard for due process and the judicial machinery. Encounter killings are becoming a major reason for erosion of public trust in the judicial system of India. There is an urgent need for reforms in India’s law enforcement system and to increase accountability of the police, so as to act as a deterrent for the police from arbitrarily and wrongly using their power.

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1. Maharashtra: Two minor girls sexually assaulted, delay in FIR, failure of accountability, attempts to cover up crime
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The post Bombay High Court directs filing of a First Information Report (FIR) against the 5 cops held responsible for death of accused in Badlapur Sexual Assault case appeared first on SabrangIndia.

This statement from the ECI came in response to a right to information (RTI) request submitted by Venkatesh Nayak, director, Commonwealth Human Rights Initiative, in which he pointed out that as per procedure outlined in paragraph 1.12, read along with paragraph 7.1.2, of the 2023 edition of the handbook for presiding officers published on the ECI website, the presiding officers should have information about the constituency-wise total number of pre-numbered slips issued by them during both assembly and Lok Sabha elections.

However, the ECI said, “lt is to inform you that information as sought by you is not available in the Commission.” Nayak, an intrepid RTI activist, emphasised that the ECI’s response is “bewildering, to say the least”, as the commission, being the apex election management body, is vested with both Constitutional authority and statutory powers to conduct elections.

“They are required to be in full control of the electoral machinery, and that includes information flows from the constituency level to Nirvachan Sadan through the CEOs, ROs, and election observers. It is unimaginable that the information which I sought has not been reported to the ECI. Even if one were to concede, for the sake of argument, that their reply is accurate, the RTI Act empowers them to request the information from the source where it is available in order to decide whether or not it should be disclosed. At the very least, they can transfer the application to such offices for disposal at the click of a button,” maintained Nayak.

Paragraph 7.1.2 states that “a few minutes before the hour appointed for closing the poll, announce to all those within the limits of the polling station who are waiting to vote that they will be allowed to cast their votes in turn. Distribute slips signed by you in full to all such electors, which should be serially numbered from Serial No. 1 onwards, according to the number of electors standing in the queue at that hour.

“The last elector should be given Slip No. 1, and the next voter in front of him/her should receive Slip No. 2, and so on. Continue the poll even beyond the closing hour until all these electors have cast their votes. Depute police or other staff to ensure that no one is allowed to join the queue after the appointed closing hour. This can be effectively managed if the distribution of slips to all such electors is commenced from the last elector standing in the queue and proceeded backwards towards its head”.

Annexure 52 of the handbook explains that the presiding officer’s diary should contain a variety of details about the polling station, including materials supplied and used, machines supplied and used, polling agents present, voter turnout details, how many were allowed to cast ‘tendered votes’, the number of challenged votes, and the number of votes cast in the polling station during the following time slots: 7-9 am, 9-11 am, 11 am-1 pm, 1-3 pm, and 3-5 pm. The diary should also record the number of slips issued at the close of the polling hour to electors standing in queue.

This information is also recorded in the report of the sector officer, whose format is provided in annexure 6 of the sector officers’ handbook.

According to data from the ECI, the number of registered voters for the state elections held on 20 November 2024 was 97,793,350 (nearly 97.80 crore), with 64,592,508 (about 64.60 crore) individuals casting their votes. In comparison, during the Lok Sabha election, the number of registered voters was 92,890,445 (92.90 core approx.), and the votes cast totalled 56,969,710 (56.97 crore approx.).

Based on these figures, the number of registered voters in the state increased by nearly 50 lakh (49,02,905), while the number of votes cast went up by over 75 lakh (76,22,7980).

The Congress party had, in December 2024, filed a complaint with the ECI, but the latter rejected the charges, stating that the additions were legitimate. The party had also raised concerns about the surge in voter turnout in Maharashtra on polling day, calling for an explanation from the ECI.

In a letter to the ECI, the Congress has also highlighted an “inexplicable increase” in voter turnout between 5 pm and the final voter percentage announced by the ECI at 11.30 pm on the day of polling. The Congress also pointed out that, of the 50 assembly seats where there was an average increase of 50,000 voters, the ruling Mahayuti secured victory in 47.

In December, the ECI clarified that the increase in voter turnout from 5 pm to 11.45 pm was “normal”, with Maharashtra’s chief electoral officer, S. Chockalingam explaining that the 7 per cent increase in voter turnout in the last hour of polling for the assembly election was not a surge, as claimed by the Opposition, but an “average” process.

However, the ECI has repeatedly declined to take action on many RTIs that Nayak filed last year. He explained that public disclosure of not only the data about the tokens distributed, but also the two-hourly voter turnout figures recorded by presiding officers and sector officers, is crucial to determine whether the ECI’s final voter turnout figures are accurate.

“Merely disclosing Form 17C data will not help clarify voter turnout trends that occurred on polling day. Transparency advocates must press for the disclosure of the granular data. The ECI can do itself a favour by disclosing the two-hourly voter turnout data and the number of tokens distributed before the close of polling. This will help clear all doubt about the final voter turnout figures,” said Nayak.

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The post No info on pre-numbered slips issued during LS, assembly polls: ECI appeared first on SabrangIndia.

The protesters voiced demands for rehabilitation of the families affected by these incidents, especially Somnath Suryavanshi’s family, and called for the dismissal of high-ranking officials allegedly involved in covering up the cases. This protest, which started in Parbhani on the evening of January 17, follows weeks of growing tension in Marathwada over caste-related issues, with the protests intensifying in recent weeks due to the escalating violence and the perceived injustice in both incidents.

Samata Sainik Dal (Parbhani) is organizing a long march from Parbhani to Mumbai.

The main demand of this march is that when will the family of martyr Somnath Suryavanshi die/be murdered in police custody and due to the delay in this case, when will justice be given to his family… pic.twitter.com/km0agJjO2T

— हेमंत भाऊ (@NetaClix) January 17, 2025

Scheduled long March in Jalna district and Parbhani to Mumbai

From January 21 to 25, 2025, a significant long march will take place in Jalna District, aiming to raise awareness about the brutal murders of Somnath Suryavanshi and Santosh Deshmukh. The march will begin at Watur Phata, Watur, and will conclude at Badnapur.

Notably, the protesters from Parbhani have organized a long march from Parbhani to Mumbai in response to the recent incident and the ongoing atrocities against Dalits and killing of Santosh and Somnath.

Violence and tensions after Dalit youth dies in custody, following Constitution replica vandalism

The tension in Parbhani boiled over after an incident involving the vandalism of a constitution replica on December 10, 2024. As per eyewitnesses, the incident was allegedly carried out by Sopan Pawar, a 45-year-old Maratha man. This act triggered protests from Dalit groups and Ambedkarite organizations, with the Vanchit Bahujan Aaghadi (VBA) party playing a pivotal role in mobilizing the crowds.

The following day, a “Parbhani Bandh” (strike) was declared, which, while initially peaceful, later descended into chaos. Protesters clashed with the police, leading to multiple vehicles being torched and property being damaged. According to the police, they arrested 50 people involved in the unrest, among them Somnath Suryavanshi, a 35-year-old Dalit youth. Suryavanshi, who had been detained during the protests, later died in judicial custody on December 15 due to what was reported as “shock following multiple injuries” reported Frontline.

His death has sparked outrage, with many accusing the police of brutality. According to local sources, Suryavanshi’s mother, Vijaya, claimed that her son had been beaten by the police, leading to his death. Her claims were substantiated by a postmortem report, which confirmed external injuries. However, the police have denied allegations of abuse, stating that Suryavanshi’s death was due to natural causes.

Dalit groups have condemned the police’s treatment of protesters, especially the manner in which Dalit youth were targeted. Prakash Ambedkar, leader of the VBA, demanded an investigation into the police’s role, highlighting the ongoing issues of caste discrimination. He was quoted as saying, “The real battle for equality is still being fought, and we must ensure justice for every oppressed community.”

Dalit and political outrage over Police brutality and murder in Parbhani and Beed

Several political parties and social organizations are raising their voices in protest over the death of Somnath Suryavanshi in judicial custody and the kidnapping and subsequent murder of Santosh Deshmukh, the Maratha Sarpanch in Beed. According to Dalit groups, the police’s crackdown on protesters in Parbhani was disproportionately harsh, with claims of excessive use of force against Dalit youth and women.

In response to the incidents, the Matang Ekta Andolan and Republican Party of India (RPI) staged protests in Pune, demanding an independent inquiry into the events. As per sources, the police have been accused of carrying out violent search operations, targeting individuals without any solid evidence of involvement in unlawful activities.

Further compounding the unrest was the murder of Deshmukh, which escalated tensions between the Maratha and OBC communities. According to reports, Vishnu Chate, the alleged kidnapper and murderer, belongs to the Vanjari OBC community, and the growing friction over reservation issues has deepened the divide between caste groups.

The tragic events in Parbhani and Beed have led to an outpouring of support for both families involved, with political leaders from across Maharashtra rallying behind the victims. Prakash Ambedkar, addressing the media, drew parallels between these incidents and the historical struggles against discrimination, notably the Koregaon Bhima battle, marking over 200 years of ongoing battles for equality.

Struggle for equality in Beed and Parbhani echoes historical caste struggles

Prakash Ambedkar, while commemorating the 207th anniversary of the Koregaon Bhima battle, linked the present-day struggles in Parbhani and Beed to the ongoing battle for equality in India. As per Ambedkar’s statement, despite the long history of caste discrimination, the incidents in Parbhani and Beed reveal that the struggle for social justice and equality is far from over.

Ambedkar cautioned the Maharashtra government about the sensitive handling of the Beed murder case, which has been cast in a Maratha versus Vanjari OBC context. He stressed the importance of avoiding further division and ensuring that justice prevails for all communities involved. Meanwhile, Chandrashekhar Azad of Bhim Army visited Parbhani to meet Suryavanshi’s family and vowed to continue the protests to expose the government’s failures in addressing the plight of Dalits and marginalized communities.

These events have thrown the spotlight on the persistent caste fault lines in Maharashtra, exacerbated by the government’s handling of these incidents. The continuing unrest calls for a deeper introspection into the state’s caste politics and its impact on the marginalized sections of society, reported Times of India.

Massive all-party march in Parbhani over Beed sarpanch’s murder

According to reports, a massive all-party march was organized in Parbhani, Maharashtra, demanding a thorough and unbiased investigation into the murder of Santosh Deshmukh, the sarpanch of Massajog village in Beed district. The protest also targeted the state’s food and civil supplies minister, Dhananjay Munde, who stands accused of shielding Walmik Karad, the alleged mastermind of the murder. Karad surrendered to the police just days prior, adding fuel to the fire of political and caste tensions.

The march, which saw a turnout of thousands, included elected representatives, political leaders, and Maratha community organizations. It marks the second major protest following Deshmukh’s murder. The previous protest on December 28, 2024, in Beed had also garnered massive support, with around 50,000 participants. The Parbhani march was attended by influential figures from both ruling and opposition parties, underlining the political ramifications of the crime.

As per the march organizers, the demands were clear: an impartial investigation, punishment for the politically powerful individuals behind the crime, and the immediate resignation of Dhananjay Munde. BJP MLA Suresh Dhas, speaking at the rally, argued that Munde was deeply involved in a multi-crore crop insurance scam in the region, which he claimed had far-reaching implications.

The murder of Santosh Deshmukh, a Maratha leader, has been exacerbated by the caste dynamics at play. Karad, the primary accused, hails from the Vanjari community, an OBC group, and this has sparked a war of words between Maratha and OBC factions in the region. As per the leaders present at the protest, the case is symptomatic of a larger political crisis within Maharashtra’s power structure.

Panel formed for Judicial probe into Beed Sarpanch’s murder and Parbhani protester’s custodial death

In response to mounting public outrage, the Maharashtra Government has appointed two judicial committees to probe significant incidents in Beed and Parbhani. A single-member panel, led by retired High Court Judge M.L. Tahaliyani, has been established to investigate the murder of Sarpanch Santosh Deshmukh in Beed district. The violence that led to Deshmukh’s murder sparked intense political and social unrest, prompting the state to initiate the judicial inquiry.

Additionally, the government has appointed retired Judge V.L. Achliya to investigate the custodial death of Dalit protester Somnath Suryavanshi in Parbhani. The investigation will assess the role of law enforcement, examine the handling of the protests, and determine if there were any lapses in maintaining public order.

As per report, both inquiries aim to hold accountable those responsible for the incidents and evaluate the preparedness of local authorities.

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Quoting the Guidelines: An Ethical Dilemma

Under the new policy, Meta states:

“We do allow allegations of mental illness or abnormality when based on gender or sexual orientation, given political and religious discourse about transgenderism and homosexuality and common non-serious usage of words like ‘weird.’”

Additionally, the revised policy allows content such as:

“Comparing people to household objects, calling entire ethnic groups ‘filth,’ or arguing that LGBTQIA+ individuals should be excluded from certain spaces or professions.”

This represents a stark departure from previous hate speech policies that prohibited such dehumanising language, recognising its potential to create “an environment of intimidation and exclusion.”

Employee and Advocacy Group Backlash

Meta’s own employees have criticised the decision as “appalling,” with one post reading:

“I am LGBT and “mentally ill”. Just to let you know that I’ll be taking time out to look after my mental health.”

Advocacy groups have been equally vocal. GLAAD, for instance, stated:

“Meta is giving the green light for people to target LGBTQ people, women, immigrants, and other marginalised groups with violence, vitriol, and dehumanising narratives.”

The Consequences of hate normalisation

Meta’s history provides troubling evidence of its platforms enabling real-world atrocities, most notably the Rohingya genocide in Myanmar and the Capitol riots in the United States. In Myanmar, Facebook was identified by UN investigators as a key tool in spreading dehumanising rhetoric against the Rohingya Muslim minority, with hate-filled posts labelling them as “vermin” and “threats.” This unchecked hate speech incited widespread violence, resulting in over 700,000 people being displaced and thousands killed. Similarly, in the U.S., Meta’s platforms played a significant role in facilitating the organisation of the January 6 Capitol riots by allowing misinformation and extremist content to proliferate unchecked. These events demonstrate how Meta’s platforms, when deregulated or permissive, become breeding grounds for hatred and violence. With its new policies permitting users to call LGBTQIA+ individuals “mentally ill” or compare women to “household objects,” Meta risks repeating these disastrous patterns. By legitimising dehumanising rhetoric, these policies pave the way for escalating offline violence, societal polarisation, and the erosion of public safety. Without decisive corrective action, Meta could again find itself at the centre of global crises fuelled by its own platforms.

Way forward

While the world moves forward to embrace inclusivity and champion LGBTQIA+ rights, Meta’s recent policy changes reflect a regressive step reminiscent of the discriminatory attitudes of past generations. The global momentum for LGBTQIA+ equality is evident in initiatives like the United Nations’ Free and Equal campaign, which tirelessly works to combat harmful practices, promote legal protections, and foster societal acceptance of LGBTQIA+ individuals in regions as diverse as Africa, Albania, Brazil, and Vietnam​. These efforts underscore a commitment to ensuring dignity and equality for all, yet Meta’s decision to permit users to call LGBTQIA+ individuals “mentally ill” directly undermines this progress. By sanctioning such language, Meta is aligning itself with outdated, oppressive ideologies at a time when the global community is advocating for inclusion and acceptance. Human rights activists and allies worldwide must stand in solidarity to condemn this policy and demand accountability from Meta. It is imperative that Meta rescind these harmful changes and reaffirm its commitment to safeguarding dignity, equality, and respect for all users.

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India’s LGBTQIA+ struggle: beyond legal victories, battle for true equality remains

From Judgments to Handbook: India’s Transformative Journey towards LGBTQIA+ Equality

The post Meta’s policy shift: Fuelling hate in an era of LGBTQIA+ inclusion appeared first on SabrangIndia.

The False Equivalence of Free Speech and Misinformation

Meta justifies the shift as a step towards fostering free expression, as echoed in Mark Zuckerberg’s Georgetown speech about empowering individuals to voice their opinions. However, unmoderated free speech often becomes a breeding ground for falsehoods and malicious narratives. Professional fact-checking, though imperfect, provided a critical layer of accountability by separating genuine discourse from deliberate misinformation. Community-driven models, on the other hand, often amplify the loudest or most popular opinions, regardless of their genuinity.

Challenges of Crowdsourcing Moderation

Meta’s shift to community-driven moderation under the “Community Notes” model presents several critical challenges. These systems are frequently vulnerable to partisan bias, enabling dominant narratives to suppress minority perspectives, and organized manipulation, where bots and coordinated groups distort facts. This was starkly evident during the 2018 Cambridge Analytica scandal, where Facebook data was exploited to influence political outcomes, raising serious concerns about digital democracy. Another glaring example is Facebook’s involvement in the Myanmar Rohingya crisis, where unchecked hate speech on the platform contributed to widespread violence, with the UN citing Facebook as having a “determining role.” Similarly, during the COVID-19 pandemic, the platform became a hub for anti-vaccine propaganda, undermining global public health initiatives. During the 2024 Indian general election, Mark Zuckerberg inaccurately stated that the incumbent government lost due to its handling of the COVID-19 pandemic. This claim was incorrect as Prime Minister Narendra Modi’s government was re-elected for a third term. The misinformation sparked outrage, leading Union Minister Ashwini Vaishnaw to publicly refute the statement. In response, Meta India’s Vice President Shivnath Thukral issued an apology for the “inadvertent error” and reaffirmed Meta’s commitment to fostering accurate information.

If Meta introduces the Community Notes system, it risks being hijacked by organized political groups like the BJP IT cell, which has previously demonstrated its ability to exploit similar systems on platforms such as Twitter. Numerous reports have documented coordinated campaigns by the BJP IT cell to spread propaganda, disinformation, and polarizing narratives, often under the guise of organic community engagement. This manipulation not only distorts public discourse but also influences public perception on critical matters. Replicating such tactics on Meta’s platforms could lead to a systematic spread of partisan falsehoods, eroding democratic processes and undermining the platform’s credibility as a space for truthful and balanced discussions.

#BJP IT Cell Exposed: How lies and propaganda are spread.. https://t.co/6iDbgW4xD3 I found this hilarious. You must watch too #AAPAtWork

— Amit Malviya (@amitmalviya) September 16, 2016

In regions governed by strict regulations like the European Union’s Digital Services Act (DSA), this policy could lead to significant regulatory challenges and possible sanctions.

A Reputational Risk for Meta

Meta’s decision also jeopardizes its own credibility and the trust of advertisers. By downgrading professional oversight, the platform risks becoming a hub for disinformation, deterring reputable companies from associating with it. Advertisers may hesitate to place their brands in an environment where false claims could damage their reputation.

The Need for a Hybrid Model

While professional fact-checking alone is not a panacea, it serves as a vital deterrent against the unchecked spread of misinformation. A more effective solution would be a hybrid model that combines expert oversight with community involvement, enhanced by transparent algorithms and robust accountability mechanisms. This approach could ensure that free expression does not come at the expense of truth.

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The post From fact-checking to chaos: How meta’s new moderation model risks eroding trust and democracy appeared first on SabrangIndia.

During the event, advocate Prem Prakash Singh Yadav criticised the arrests, stating that the detention of the students was entirely illegal. As per the report of Amar Ujala, Advocate Yadav alleged that their incarceration violated Supreme Court guidelines and fundamental human rights. Advocate Yadav further highlighted discrepancies in the police records, pointing out that while three female students were apprehended on the evening of December 25, the first information report (FIR) misleadingly listed the arrest date as December 26. He assured that legal action against the officers involved in the arrest would be pursued.

Akanksha Azad, the president of the Bhagat Singh Students Morcha, addressed the press, emphasising the organisation’s long-standing commitment to fighting for democratic rights and challenging the unjust policies of the BHU administration over the past decade. She recalled an incident from the previous year, where the university and district administration allegedly shielded the accused in a gang rape case involving an IIT-BHU student. She stated that the Morcha’s persistent efforts had led to the arrest of all three perpetrators, which had exposed their organisation to retaliation. Azad argued that the recent arrests in the Manusmriti case were a part of this vendetta by the authorities.

Civil society representative SP Rai questioned the university’s apparent contradiction, noting that while BHU grants fellowships for research on the Manusmriti, it penalises discussions around the text within its premises. Rai expressed solidarity with the students, affirming that civil society stands firmly by their side. Several activists and supporters, including Ipsita, Siddhi, Katyayani, Sandeep, and Mukesh, also participated in the press conference.

The Bhagat Singh Students Morcha had announced plans for another press conference to further address the fabricated charges levelled against the students. Advocate Prem Prakash Yadav reiterated that the allegations were baseless and made with malicious intent.

Background of the incident

The arrests of 13 individuals, including three women, associated with the Bhagat Singh Students Morcha (BSM), stem from an incident at Banaras Hindu University (BHU) on December 26, 2024. The BSM, a Marxist student organisation, had convened a discussion on December 25 to observe Manusmriti Dahan Divas, commemorating Dr. B.R. Ambedkar’s symbolic burning of the Manusmriti in 1927 as a stand against caste discrimination. This event, held at the Arts Faculty, was disrupted by university officials and security personnel, leading to a confrontation. The students were accused of planning to burn copies of the Manusmriti and were forcibly detained.

The following day, an FIR (No. 523/2024) was filed against 13 BSM members by BHU Security Officer Omprakash Tiwari and Assistant Security Officer Hasan Abbas Zaidi. The FIR alleged that the students engaged in violent and disruptive activities, including pushing and assaulting security staff, during their gathering near the Arts Faculty Square. Among those arrested were nine current students and four alumni. They were charged under multiple sections of the Bharatiya Nyaya Sanhita (BNS), 2023, including assault or use of criminal force to deter a public servant, outraging religious feelings through deliberate acts, rioting and attempting to commit culpable homicide.

The complaint had alleged that on December 25, a group of 20–25 BSM members gathered near the Arts Faculty at 5:30 PM with the intent to burn the Manusmriti. When approached by security personnel, the students reportedly misbehaved, assaulted guards, and caused injuries to two women security staff, Shipra Mishra and Shikha Mishra, who were hospitalised at the BHU Trauma Centre. The FIR further claims the students’ actions disrupted public harmony.

The arrested individuals were taken into custody by the Lanka Police Station. They were subsequently sent to 14-day judicial custody by the Varanasi District Court and are currently held at District Jail, Chaukaghat.

Reports from students had alleged significant misconduct during their detention. It is claimed that participants were physically assaulted, their clothing torn, and personal belongings damaged. The Proctorial Board and police allegedly issued threats, warning of repercussions for their academic and professional futures. Detainees were held overnight without access to legal counsel and reportedly beaten in custody, sustaining injuries.

As they were transported to the jail, the students protested by chanting slogans such as “Manusmriti Murdabad,” “Inquilab Zindabad,” “Jai Bhim,” and “Stop violence against students,” underscoring their resistance to what they described as state repression. The charges against the 13 individuals carried a maximum sentence of 10 years in prison.

A detailed report may be read here.

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The post BHU students granted bail 17 days after Manusmriti protest arrests appeared first on SabrangIndia.

During the hearing, Senior Advocate Huzefa Ahmadi, representing the mosque committee, raised a new issue: a notice issued by the Sambhal Nagar Palika (municipality) regarding a well situated near the mosque. The notice referred to the well as “Hari Mandir” (a term associated with Hindu temples), which Ahmadi argued could potentially lead to its use for religious practices such as prayers or bathing by others. This, according to Ahmadi, would disturb the traditional use of the well by the mosque, which had been a source of water for its purposes for generations. Ahmadi expressed concerns that such a development could cause communal tensions in the area.

The bench, while initially questioning whether allowing others to use the well would cause harm, listened carefully to Ahmadi’s concerns. The Chief Justice asked, “What harm is there in allowing others to use it?” as per LiveLaw. However, Ahmadi clarified that allowing its use for religious practices outside the mosque’s control would lead to significant disruptions and could escalate the situation. The bench, taking into account these arguments, issued an order stating that the notice issued by the Nagar Palika should not be given effect. This effectively blocked the municipality’s attempt to alter the status quo regarding the well for the time being. Additionally, the bench scheduled a hearing for February 21, 2025, and directed the parties to file a status report within two weeks.

Court’s continuous concerns over communal harmony and ongoing legal battles

This legal battle surrounding the Sambhal Jama Masjid is not an isolated case but part of a wider trend of disputes over religious sites across India. On January 10, 2025, while addressing the petition, Chief Justice Khanna expressed concerns about the potential for communal tensions in the region, which had already experienced violence in the past. The Court emphasised that peace and harmony must be maintained, and it stressed that it was “keeping a close watch” to ensure that no actions were taken that could disturb the fragile communal balance in the area.

The Supreme Court’s involvement in the case follows earlier hearings and orders. On November 29, 2024, the Court had directed the Sambhal trial court to refrain from proceeding with the suit filed against the mosque until the petition filed by the mosque committee before the Allahabad High Court had been heard. This was a crucial development in the case, as it halted further legal action in the trial court, including the controversial survey, which had the potential to exacerbate communal tensions.

At the same hearing, the bench also ordered that the report prepared by the Advocate Commissioner, who had conducted a survey of the mosque, be kept in a sealed cover. This order was a precautionary measure to prevent the premature release of the report and to safeguard against its misuse in inflaming the situation. Chief Justice Khanna, along with Justice Kumar, made it clear that their primary concern was to maintain neutrality and ensure that no actions were taken that would escalate tensions in the region. The Court highlighted the need for absolute neutrality in such sensitive matters to ensure that peace was maintained.

The involvement of the Uttar Pradesh government, represented by Senior Advocate Colonel (Retd) R. Balasubramanian, was also notable. Balasubramanian assured the Court that the situation in Sambhal was peaceful and that no further issues had arisen. However, Ahmadi, on behalf of the mosque committee, accused the state government of being biased in handling the matter, which further complicated the situation. The Court, while taking note of these concerns, reiterated that its primary focus was to ensure peace and prevent any further aggravation of the issue.

Broader implications of the case and the Supreme Court’s approach

The petition filed by the mosque committee raised several key legal and procedural concerns. One of the central arguments was that the Places of Worship (Special Provisions) Act, 1991, which prohibits the alteration of the character of religious places, barred the suit and the subsequent survey. The committee argued that the trial court’s ex-parte order for the survey was legally invalid because it had been passed without hearing the mosque’s side, thereby violating procedural fairness. The committee contended that such actions could set a dangerous precedent, especially as similar lawsuits and surveys were being initiated at other religious sites across India.

The committee also raised concerns about the pattern emerging in such cases, where plaintiffs with belated claims were seeking surveys of mosques without providing substantial evidence. This, they argued, could inflame communal passions and create law and order problems, undermining the secular fabric of the country. The mosque committee called for the Court to issue directions to prevent the routine issuance of survey orders without proper hearings, as this would contribute to further communal discord and destabilise the region.

In response to these concerns, the Supreme Court adopted a cautious approach, leaving the Special Leave Petition filed by the mosque committee pending. The bench decided to send the matter to the Allahabad High Court for further proceedings, but it made it clear that the trial court should not take any further steps in the suit until the High Court had examined the petition. This decision underlined the Court’s commitment to maintaining peace and neutrality in such sensitive matters, while also ensuring that the legal process was followed in a fair and just manner.

As part of its broader efforts to address communal tensions in the region, the Supreme Court also suggested the formation of a peace committee under Section 43 of the Mediation Act. This committee would aim to facilitate dialogue and foster communal harmony, helping to mitigate tensions and avoid the escalation of conflicts related to religious sites.

The case of the Sambhal Jama Masjid is just one of many high-profile legal disputes involving religious sites in India. In December 2024, the Supreme Court had issued a broader directive preventing lower courts from passing interim or final orders, including survey orders, in cases related to religious structures like the Gyanvapi mosque, the Mathura Shahi Idgah, and the Sambhal Jama Masjid. This directive was part of the Court’s ongoing efforts to prevent the escalation of communal tensions and ensure that these sensitive issues were dealt with in a manner that preserved peace and harmony. (Details can be read here and here.)

The Supreme Court’s intervention in the Sambhal Jama Masjid case reflects its role in balancing legal principles with the need to maintain social order. The Court’s decisions in this case will likely have far-reaching implications for similar cases across the country, particularly those involving religious structures that are at the heart of communal disputes.

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Sambhal’s darkest hour: 5 dead, scores injured in Mosque survey violence as UP police face allegations of excessive force

Uttarakhand High Court orders security, condemns hate speech over Uttarkashi Mosque

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