Congress raises alarm over Sambhal judge transfer, calls for SC intervention

Days after the Allahabad High Court transferred Sambhal Chief Judicial Magistrate (CJM) Vibhanshu Sudheer, who had directed the police to register a first information report (FIR) against senior police officials, including Anuj Chaudhary, the Congress has urged the Supreme Court to take suo motu cognisance of the matter.

Congress leader and head of the party’s publicity department, Pawan Khera, described the transfer as “clearly punitive” and alleged that it was meant to send a chilling message to the judiciary. “Act against the BJP’s police machinery, and you will pay the price,” Khera said.

The CJM’s order came on a petition filed by the father of an injured man, following which the magistrate directed the police to treat the allegations as cognisable offences and lodge an FIR.

Aditya Singh has since taken charge as the new CJM of Sambhal. The transfer has been officially described as part of the Allahabad High Court’s routine administrative exercise to reassign judicial officers across districts.

However, Khera rejected this explanation, alleging a systematic attack on democratic institutions. “Since 2014, BJP governments have assaulted every democratic institution, Parliament, the media, investigative agencies, universities, and now the judiciary,” he said, adding that Sambhal was “not an isolated case”.

Violence had erupted in Sambhal on 24 November 2024, during a court-ordered Archaeological Survey of India (ASI) survey of the Shahi Jama Masjid, a 500-year-old mosque protected by the ASI. The survey was initiated following claims that the mosque had been built on the remains of a Hindu temple allegedly demolished during the Mughal period.

While the first phase of the survey passed off peacefully, tensions escalated during the second visit when the wuzu khana (ablution tank) of the mosque was drained, allegedly to check its depth. This triggered rumours that the mosque was being excavated, leading to unrest and violence.

“This issue goes far beyond the transfer of an individual judicial officer,” Khera said.

“It strikes at the core of judicial independence and the constitutional balance between the judiciary and the executive. Timely judicial intervention is essential to uphold the rule of law, protect institutional autonomy, and prevent further erosion of democratic governance in the country.”

Khera also accused the BJP of “hijacking the judiciary for political gains”, citing the case of Justice S. Muralidhar.

Justice Muralidhar was transferred from the Delhi High Court to the Punjab and Haryana High Court in February 2020, hours after he criticised the Delhi Police for its inaction on FIRs related to inflammatory speeches during the 2020 Delhi riots.

Although the transfer was recommended by the Supreme Court Collegium, it had sparked controversy and protests by the Delhi High Court Bar Association.