The Allahabad High Court on Friday rejected a plea by Samajwadi Party MP Ziaur Rahman Barq seeking to quash FIR against him in the Sambhal violence case. The court said the police investigation will continue, however instructed the police not to arrest the MP.
The Allahabad High Court, while hearing the case of the Samajwadi Party MP, has rejected the request to quash the FIR. The court stated that the sections under which the FIR has been filed against him carry a sentence of less than seven years.
In this case, the police will issue a notice to the MP requiring him to appear for questioning.
The court stated that Barq would only be arrested if he failed to appear for a statement when summoned by the police and did not cooperate with the investigation. It has also directed the authorities to follow an earlier order from the Supreme Court in this matter.
Barq has been named as the primary accused in the violence that broke out in the Uttar Pradesh district during a court-ordered survey of the Shahi Jama Masjid, resulting in the death of five people and injuries to many people including 20 policemen.
In his petition before the High Court, Barq argued that his arrest would cause him "irreparable loss" insisting he was not present in Sambhal during the incident.
According to the SP leader, he was in Bengaluru when the violence broke out and chose to remain in Delhi upon learning about the FIR to avoid escalation. He, however, maintained he remained in contact with community members over the phone, urging them to maintain peace.
The Sambhal police have accused Barq of delivering provocative remarks at the mosque days before the violence, which they claim incited the unrest.
Apart from Barq, Sohail Iqbal, the son of local MLA Iqbal Mehmood, has also been named in the FIR for his alleged involvement in the incident.