Uttar Pradesh Governor Anandiben Patel has constituted a three-member Judicial Inquiry Commission to be headed by Justice Devendra Kumar Arora (Retired), Allahabad High Court, to probe the stone-pelting incident in Sambhal, ensuring transparency and quality of inquiry.
According to the order, the other two members of the commission are Retired IAS Amit Mohan Prasad and Retired IPS Arvind Kumar Jain.
The stone-pelting incident occurred during the ASI’s examination of the Mughal-era mosque on November 24, resulting in the deaths of four individuals and injuries to several others, including officials and locals.
“The Governor thinks that it is necessary to conduct an inquiry in the public interest concerning the violent incident that took place on November 24, during the survey of disputed Jama Masjid- Harihar Mandir Site in Town Sambhal, Police Station- Kotwali Sambhal, District-Sambhal during the compliance of the order passed by the Court in which many Police personnel were injured, four persons lost their lives, and various properties were damaged,” the order said.
“Now, therefore, in view of the comprehensiveness of the subject matter and to ensure transparency and quality of inquiry, in exercising the powers conferred by Section 3 of the Commission of Inquiry Act, 1952 (Act No. 60 of 1952), the Governor hereby constitutes the following three-member Judicial Inquiry Commission to be headed by Justice Devendra Kumar Arora (Retired), High Court, Allahabad,” it added.
As per the order, the commission will submit a report on whether the incident was planned or a “sudden” event, and also on the effectiveness of law and order arrangements made by the District Administration and police.
“The Commission will examine the aforesaid incident that happened on November 24 and submit a report on whether the incident was sudden or was well planned and the result of a criminal conspiracy. To inquire into the arrangements made by the District Administration and Police to maintain law and order during the incident and other aspects related,” the order stated.
The order asserted that the commission has two months to complete its inquiry from the date of this notification unless the government decides to extend its term.
“To ascertain the reasons and circumstances due to which the said incident took place. To give suggestions regarding non- recurrence of such type of incidents in future. Whereas, the Governor is also of the opinion that having regard to the nature of the inquiry in question and other circumstances relating to the case, it is necessary to do so, she hereby further directs under sub-section (1) of section 5 of the said Act that the provisions of sub-sections (2), (3), (4) and (5) of the said section 5 shall apply to this commission. The Commission shall complete the inquiry within a period of two months from the date of the issue of this notification. Any change in its tenure shall be at the behest of the Government,” it said.
Meanwhile, the Committee of Management of Jama Masjid in Sambhal, Uttar Pradesh, has moved the Supreme Court against the November 19 order of the local court for the survey of the mosque.
The Chief Justice of India, Justice Sanjiv Khanna-led bench will hear the petition of the Sambhal Jama Masjid on Friday.
The Committee, in its plea, contended that the report of the survey commissioner should be kept in a sealed cover and that the status quo be maintained until the final resolution of the present petition.
“Surveys should not be ordered and executed as a matter of course in cases involving disputes over places of worship without hearing all parties and allowing sufficient time to the aggrieved persons to seek judicial remedies against the order of survey,” it stated.
On November 19, the civil judge, senior division, directed the court commissioner to survey the mosque and file the report in court.