Nadeem Khan, National Secretary of Association for Protection of Civil Rights (APCR), after visiting Sambhal to assess the situation surrounding a controversial mosque survey and subsequent violence, has filed a petition in Allahabad High Court. Khan has urged the Supreme Court to annul all previously issued notices regarding mosque surveys and to send a clear message to lower courts, affirming the sanctity of the Places of Worship Act, 1991. He emphasised that the Act ensures religious sites maintain their status as of 1947.
Khan highlighted that the Jama Masjid in Sambhal, built in 1528, has been a place of uninterrupted worship. He referenced historical records from 1867 under British rule, asserting no claims on the mosque have arisen since then. The recent claims, according to him, seem “doubtful” and indicative of a potential conspiracy.
Khan criticised the events leading up to the survey, citing irregularities in the legal process. He noted that during a lawyers’ strike over an unrelated incident in Ghaziabad, an ex-parte judgment was passed without representation from the Jama Masjid’s President and Secretary, who are lawyers themselves. He pointed out that the order was passed at 5:00 PM, and the survey team arrived at the mosque by 6:30 PM – a timeline he called implausible given logistical realities.
The ‘rushed nature’ of the first survey raised suspicions, especially as it lacked consultation with the mosque committee or a peace committee meeting. Despite the survey’s completion, a second survey was ordered the following morning without explanation, further fuelling concerns.
Khan alleged that the police acted with bias and excessive force during the surveys. He claimed that provocative slogans were raised by right-wing groups accompanying the survey team, escalating tensions. The police response to the gathered crowd, which included live firing instead of standard crowd-control measures, resulted in six deaths and numerous injuries.
He accused a senior police officer, the Circle Officer (CO), of misconduct, highlighting the officer’s controversial history and alleged use of public firearms during the violence. Khan also criticised the administration, including District Magistrate and Superintendent of Police, for acting in a partisan manner.
Khan questioned why the petitioner and right-wing members were allowed to enter the mosque premises during the survey, calling it a breach of protocol. He also raised concerns about the credibility of a committee set up by the District Magistrate to investigate the incident, given the DM’s involvement.
Khan’s petition in the Allahabad High Court seeks accountability for police actions, adherence to due process, and adequate compensation for the victims. He also plans to file cases on behalf of the families of those killed. He demanded a thorough investigation led by a judge with secular credentials and the suspension of the current local administrative team until the investigation concludes.
On the upcoming Supreme Court hearing on December 7, Khan stressed the need for the apex court to repair its credibility, which he claimed was undermined by earlier judgments allowing surveys of religious sites. He warned that failure to uphold the Places of Worship Act, 1991, could lead to widespread unrest similar to the Sambhal incident.
“The Supreme Court must cancel the notices and affirm the 1991 Act’s authority, sending a strong message to the judiciary and ensuring communal harmony,” Khan stated, urging immediate action to prevent further bloodshed.