For the second time in just two months, police in Sambhal district have openly refused to follow a magistrate's direct order. They declined to register a First Information Report against fellow police officers. The police termed the judicial direction as illegal. This bold stance has sparked strong criticism from senior legal experts across the state.
Latest Refusal Dates to January 13 Order
The most recent incident traces back to January 13. On that day, Chandausi Chief Judicial Magistrate Vibhanshu Sudhir issued a clear order. He directed the registration of an FIR against several policemen. The named officers included then-Sambhal Circle Officer Anuj Chaudhary. Chaudhary now serves as Additional SP in Firozabad. Also named were then-SHO Anuj Kumar Tomar and other personnel.
The magistrate's order came on a serious complaint. It alleged that a man was shot during violent clashes on November 24, 2024. The violence erupted while a court-ordered survey of the historic Shahi Jama Masjid was underway in Sambhal.
Police Stand Firm, Call Order Illegal
Despite the court's directive, Sambhal police did not take action. Sambhal SP Krishan Kant Bishnoi made a public statement. He told reporters, "This is an illegal order, and we will not register any FIR." Bishnoi argued that a judicial inquiry into the November violence had already concluded. That inquiry found the police action to be correct. He confirmed that an appeal would be filed against the magistrate's order.
This Is Not the First Instance of Defiance
This marks the second such refusal by Sambhal police in recent months. Back in December of last year, the district police similarly ignored a magistrate's order. They declined to register a case against an SHO and twelve other policemen.
Those officers were accused of falsely implicating a man in a robbery case. The court found that the complainant, Omveer, was actually lodged in Budaun jail at the time of the alleged offence. That earlier order was also passed by CJM Vibhanshu Sudhir. Police later stated they had filed an appeal in a higher court.
In that case, Omveer told the court a harrowing tale. He said police falsely portrayed him as part of an international bike theft racket. They claimed recovery of nineteen stolen motorcycles from him. The man spent nearly three years in jail before finally getting relief.
Legal Experts Condemn Police Action
Senior lawyers have reacted strongly to the police's repeated refusal. They assert that law enforcement has no authority to disregard or publicly question a court directive.
Senior Advocate Yadvendra Krishan of the Allahabad High Court was blunt in his assessment. He stated, "This amounts to complete contempt of court. No police official can call a magistrate's order 'illegal'. Even if the accused wants to challenge the order, it can only be done after the FIR is registered."
Supreme Court Advocate Bhuwan Raj echoed this sentiment. He emphasized that police officers are bound to follow judicial directions. "The executive is obligated to honour the directions of the court," Raj said. "While the police have the right to challenge an order before a superior court, until it is set aside, it must be implemented and accorded due respect."
Details of the November Violence Complaint
The latest case originates from a complaint filed by Yameen. He is a resident of Khaggu Sarai Anjuman locality under Nakhasa police station. Yameen alleged that his son, Alam, was shot near a mosque during clashes. The violence broke out as the court-ordered survey team conducted its work.
Yameen provided a detailed account to the court. He said Alam had simply stepped out to sell food when he was hit by bullets. The family's fear of police action led them to avoid government hospitals entirely.
"After being hit by three bullets, Alam was not treated in Sambhal, Moradabad or Aligarh," Yameen claimed. "For three days, he wasn't treated by any doctor. Eventually, a doctor in Meerut attended him after we claimed the injuries were due to village rivalry." He added that two bullets remained lodged in Alam's back and one in his hand.
Background of the Survey and Violence
The violence on November 24 followed the second phase of a survey of the Shahi Jama Masjid. A civil suit claims the site is actually Shri Harihar Mandir. The first phase of the survey on November 19 passed without major incident. However, large crowds gathered on November 24 to oppose the survey team's second visit.
Police reported coming under heavy stone-pelting and gunfire during the clashes. The confrontation resulted in five fatalities. Several other people sustained injuries, including police personnel.
Profile of a Named Officer
Anuj Chaudhary, one of the officers named in the complaint, is a notable public figure. He is a decorated sportsperson. Chaudhary courted controversy last year after a video of his remarks during a peace committee meeting went viral. He boasts nearly nine lakh followers on Instagram. He is well-known for posting videos featuring temple visits, fitness routines, and motivational messages.
The repeated defiance of judicial orders by Sambhal police raises serious questions about accountability. It highlights an ongoing tension between the executive and judicial branches in the region. Legal observers warn that such actions undermine the rule of law and set a dangerous precedent.
