The High Court has rejected a plea by the Samajwadi Party MP, Zia-Ur-Rehman Barq to quash an FIR against him for his role in the violence in Sambhal that occurred on November 24.
The violence had occurred during a court-ordered survey of the Jama Masjid of Sambhal. Barq is accused of having incited the violence which left four people dead.
The FIR had been filed under Sections 191(2), 191(3), 190, 221, 132, 125, 324(5), 196, 223(b), 326(f) of Bharatiya Nyay Sanhita. Sections 3 and 5 of the Prevention of Damages to Public Property Act, 1984 were also added.
The first three sections deal with simple riots, riots with a deadly weapon, and with every member of an unlawful assembly being responsible for unlawful acts committed by any member of such an assemblage.
Section 221 deals with the obstruction of a public servant in carrying out his duties, while Section 132 deals with the offence of using force or assaulting a public servant. Section 324(5) deals with mischief that causes damage of ₹1,00,000 or more. Section 196 addresses the offence of promoting enmity between different groups. Section 223 talks about disobedience to order duly promulgated by public servants, while Section 326(f) is about mischief by injury, inundation, fire or explosive substance, etc.
Barq’s lawyer argued that the said offences are punishable by up to seven years and therefore, the law laid down by the Supreme Court in several judgements be honoured. The reference is to the apex court opining that in such cases arrest is not mandatory.
However, the Court also observed that the FIR prima facie disclosed the cognizable offence against the petitioner and therefore, the prayer made to quash the FIR could not be entertained.
Thus, while Barq will be investigated as per the provisions laid out in the police report, his arrest, for now, is unlikely.
