Judge who ordered FIR against police in Sambhal firing case transferred
The Allahabad High Court on Tuesday issued an administrative order transferring 14 judicial officers, including Sambhal Chief Judicial Magistrate (CJM) Vibhanshu Sudheer, who has been posted as Civil Judge (Senior Division) in Sultanpur.
The transfer comes days after CJM Sudheer passed an order directing the police to register a First Information Report (FIR) against several police officials in connection with the Sambhal violence of November 2024. Among those named in the order were then Sambhal Circle Officer Anuj Chaudhary, Sambhal Kotwali in-charge Anuj Kumar Tomar and 15 to 20 unidentified police personnel.
The case relates to allegations of police firing with intent to kill, in which a local youth, Alam, sustained grievous injuries. The application before the court stated that on November 24, 2024, at around 8.45 am, Alam was selling rusks and biscuits from a thela near Jama Masjid in Mohalla Kot, Sambhal, when police personnel allegedly opened fire on a crowd.
After examining the police report and medical records, the court noted that the victim had indeed suffered gunshot injuries, though the identity of the shooter was yet to be established. The CJM observed that the true facts of the incident could only be revealed through investigation and that it was unlikely a victim of an attempted murder would falsely implicate someone while sparing the actual offender.
“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 observed.
In his 11-page order, CJM Sudheer also rejected the preliminary defence taken by the police that the firing was part of official duty. Referring to rulings of the Supreme Court of India, he held that opening fire on a person cannot be treated as discharge of official duty and therefore does not attract statutory protection.
The court further noted that the police report appeared “suspicious” and was inconsistent with the medical evidence, which specifically recorded a “gunshot wound” and mentioned “police firing in riot.” Holding that a prima facie cognisable offence was made out, the court said that only a full investigation could bring out the truth.
CJM Sudheer had allowed the application filed by Yameen, the father of the injured youth, under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directing registration of the FIR against the concerned police officials.
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No confusion in BJP-JD(S) alliance: Kumaraswamy
Bengaluru (PTI): Union Minister H D Kumaraswamy on Saturday dismissed speculation over confusion in the BJP-JD(S) alliance, asserting that there was clarity within them and that discussions on the chief minister post were premature.
Addressing reporters at the party's state office, JP Bhavan, after chairing a preparatory meeting for the Greater Bengaluru Authority (GBA) elections, he said the immediate priority was to remove what he termed an "anti-people government" in the state and to strengthen the alliance to face upcoming polls.
"This is not the time to discuss who should become the chief minister. There is still time for that. If we speak about it now, it would be like stitching the cradle even before the baby is born," Kumaraswamy said, underlining that leadership questions would be taken up at an appropriate time.
The JD(S) second-in-command said there is still a lot of work to be done and it was not appropriate to speak about such matters now.
"On the issue of alliance, both I and our party are open-minded. When the time comes, we will discuss it on the party platform and take a decision. There is no confusion regarding the alliance, and there will be no confusion in the future. This is my stand," Kumaraswamy said.
"There is a bad government in the state. My objective is to remove it and bring in a pro-people government. Removing this corrupt and bad government is my agenda. The JD(S) and BJP parties will work together to accomplish this task," he added.
Reiterating his stand, Kumaraswamy said, "My objective is to remove the anti-people government in the state. I have been saying this from the beginning."
On reports of internal differences over the alliance and the CM's position, the union minister said he would not respond to every statement made by individuals.
"Some people are speaking about the alliance and the chief minister's position. I do not feel the need to respond to them. If I start answering each of them, people may think I lack maturity. Therefore, I will not speak about it. We will strengthen the alliance together, face the elections together, and bring a pro-people government," he said.
Kumaraswamy added that discussions within parties were natural and not final.
He said there were still two years left for the Assembly elections while there were four to five months left for the local body elections.
The union minister said the JD(S) is also preparing for the municipal elections in Bengaluru city just as other parties.
He clarified that there had been no discussions so far between the two parties specifically on local body or GBA elections.
Earlier, the JD(S) leader chaired a meeting with Members of the Legislative Council, former MLAs and other leaders of his party to review preparations for the GBA elections.
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