Court vs cops: Police defy magistrate’s FIR orders twice in 2 months

Bareilly: For the second time in two months, Sambhal police have refused to comply with a magistrate's order directing the registration of an FIR against policemen, terming the judicial direction "illegal" — a stance that has drawn sharp criticism from legal experts.The latest instance dates back to Jan 13, when Chandausi chief judicial magistrate (CJM) Vibhanshu Sudhir ordered the registration of an FIR against then-Sambhal circle officer Anuj Chaudhary, now posted as additional SP in Firozabad, then-SHO Anuj Kumar Tomar, and several other policemen. The order was issued on a complaint alleging that a man was shot during violence on Nov 24, 2024, while a court-ordered survey of the Mughal-era Shahi Jama Masjid was underway in Sambhal.However, Sambhal police declined to act on the order. SP Krishan Kant Bishnoi told TOI, "This is an illegal order, and we will not register any FIR. A judicial inquiry into the violence was already conducted, and the police action was found to be correct. An appeal will be filed against the court order."This is not the first time Sambhal police have refused to comply with a magistrate's FIR order. In Dec last year, police in the district similarly declined to register a case against an SHO and 12 other policemen accused of falsely implicating a man in a robbery case, despite a court finding that the complainant was lodged in Budaun jail at the time of the alleged offence. That order, too, was passed by CJM Sudhir, and police later said an appeal had been filed in a higher court.In that case, the complainant, Omveer, told the court that police had falsely portrayed him as part of an "international bike theft racket" and claimed recovery of 19 stolen motorcycles from him. He spent nearly three years in jail before getting relief.Senior lawyers, commenting on the police's refusal, said that "law enforcement had no authority to disregard or publicly question a court directive". Senior advocate Yadvendra Krishan of the Allahabad high court told TOI, "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 also said that police officers were bound to follow judicial directions. "The executive is obligated to honour the directions of the court. 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," he said.The latest case stems from a complaint filed by Yameen, a resident of Khaggu Sarai Anjuman locality under Nakhasa police station. He alleged that his son, Alam, was shot near a mosque during clashes that broke out as the survey was being conducted. Yameen told the court that Alam had stepped out to sell food when he was hit by bullets.Yameen further claimed that his family avoided govt hospitals out of fear of police action. "After being hit by three bullets, Alam was not treated in Sambhal, Moradabad or Aligarh. 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 said, adding that two bullets were lodged in Alam's back and one in his hand.The violence on Nov 24 followed the second phase of the survey of Shahi Jama Masjid, which is claimed in a civil suit to be Shri Harihar Mandir. While the first phase of the survey on Nov 19 passed without resistance, large crowds gathered on Nov 24 to oppose the second visit by the survey team. Police said they came under heavy stone-pelting and gunfire. Five people were killed and several others injured, including policemen.Anuj Chaudhary, one of the officers named in the complaint, is a decorated sportsperson and a well-known public figure. He had courted controversy last year after a video of his remarks during a peace committee meeting ahead of Holi went viral. With nearly nine lakh followers on Instagram, he is known for videos featuring temple visits, fitness routines and motivational messages.