CJM Who Ordered FIR Against Cops Over Sambhal Violence Among 14 Judicial Officers Transferred By High Court

The Allahabad High Court on Tuesday issued an administrative order transferring 14 judicial officers, including Sambhal Chief Judicial Magistrate (CJM) Vibhanshu Sudheer. He has been transferred to Sultanpur as Civil Judge (Senior Division).

The transfer comes just days after CJM Sudheer passed an order directing the police to register a First Information Report (FIR) against several police officials, including former Circle Officer (CO) Anuj Chaudhary, in connection with the Sambhal violence of November 2024.

Sambhal Circle Officer Anuj Chaudhary, Sambhal Kotwali in-charge Anuj Kumar Tomar and 15-20 unidentified police personnel in connection with the November 2024 Sambhal violence.

The allegations against the police officials pertained to opening fire with the intent to kill, which left a local youth named Alam grievously injured.

CJM Vibhanshu Sudheer had allowed the application moved under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by Yameen, the father of the injured youth.

The application alleged that on November 24, 2024, at about 8:45 am, the applicant's son was selling 'pape' (rusks) and biscuits on his thela near Jama Masjid, Mohalla Kot, Sambhal. The complainant alleged that the named police officials suddenly started firing at the crowd with their weapons with the intention to kill.

Court's Observations

Perusing the police report and medical records, the Court had noted that while it was clear the victim was hit by gunshots, the identity of the shooter remained a matter of investigation.

The Court had observed that only the victim can reveal the true facts of the incident. It said that since "attempt to murder" is a crime of a very serious nature, the Court reasoned that it is unlikely a victim would spare the actual perpetrator to wrongly accuse someone else.

“In such a situation, it is clear that if a heinous crime such as attempted murder is committed against someone, the victim will accuse the person who attempted to commit the crime,” the Court remarked.

In its 11-page order, CJM Sudheer had also observed that the police cannot invoke the “official duty” shield for criminal acts. Referring to the Supreme Court's rulings, the CJM noted that firing upon a person cannot be considered a discharge of official duties.

The Court had thus rejected the police's preliminary defence regarding the bullet bore as it noted that the police report was 'suspicious' and contradictory to the medical evidence, which explicitly noted a "Gunshot wound" and "Police firing in riot".

Finding that a prima facie cognizable offence was disclosed, the Court concluded that the truth could only be unearthed through a proper investigation.