Advocate Zafar Ali, the chairperson of Sambhal's Shahi Jama mosque's managing committee was arrested and sent to jail on 23 March, Sunday by the police — a day before he had to give his statement to the judicial commission probing into the Sambhal violence.
He has been arrested in connection to the violence case, in relation to an FIR that was filed on 24 November 2024.
Interestingly, new non-bailable sections were added such as 230 and 231 of BNS 230 (both sections deal with giving or fabricating false evidence with intent to procure conviction of capital offence and the punishment for the same).
Additionally, section 3 and 4 of Prevention of Damage to Public Property Act have been added, Zafar's son, Haider Ali, a junior lawyer himself confirmed to The Quint.
Yesterday, a court in Chandausi rejected Zafar's bail plea and sent him to Moradabad jail on two-day remand. A bail plea was then filed in the session court. The bail hearing took place today on 24 March. The police records were accounted for and the next date of hearing is 27 March 2025.
Meanwhile, the District Civil Bar Association also led protests in the city against Zafar's arrest on 24 March.
On 3 March, The Quint spoke to Zafar for our ground report from Sambhal. We asked him about the new issues surrounding the Jama Masjid, namely the debate over whitewashing and the posters on the back wall of the mosque.
"Silence is our weapon now, we can't say anything that can be misconstrued by the media and the people. We are doing what we can to maintain peace. Humara jawab khamooshi se aaiyega (Our answer will now come from our silence), he had told The Quint.
Zafar Ali had filed photos and videos in the court to supplement his argument that the mosque needed whitewashing and the court ruled in their favour, directing the ASI to whitewash the mosque.
He had also objected to the posters put up by the Sambhal police and requested to get them removed and this led to an argument with Shrish Chandra, the Additional SP (North).
Now, he has been arrested. Previously, he was once detained by the police following a press conference which he held in the wake of the Sambhal violence.
'Only To Prevent Him From Giving His Statement'
Haider, Zafar Ali's youngest son, claimed that, "My father had to go to Lucknow today to testify before the judicial commission which is probing into the November violence, but he was arrested to prevent him from doing so."
They are deliberately targeting him. He's also been vocal about what has been happening in Sambhal albeit carefully. The motive behind targeting him more is because one, he is the committee's chief and handles most of the mosque's issues, and two, he was an eyewitness to the Sambhal violence.Haider Ali, Zafar's son to The Quint
He stated that an email was sent to the judicial commission requesting for more time and another date since he has been arrested.
Meanwhile, Advocate Amir Hussain, an aide of Zafar, told the media, "He was called yesterday to the station for some questioning, then he was let go and told to come again the next day. Zafar told them to give him a notice and that he will cooperate with the law and the investigation. He was given the notice and he reached the police station. But they arrested him on the basis of the added sections."
The Quint accessed the FIR copy that was filed by Deepak Rathi, a senior inspector at Kotwali police station in Sambhal.
He claimed in the FIR that the crowd was provoked and remarks like, "Ziaur Rahman Barq is with you, nothing will happen to you," were made. And that some miscreants shot at CO Anuj Chaudhary and injured his leg.
However, nowhere in the FIR has Zafar been mentioned.
Superintendent of Police Krishan Kumar Bishnoi, is being quoted by ANI as saying that Zafar has been arrested for "criminal conspiracy".
He told reporters, "Zafar Ali was also detained and questioned late last night before being released. He was called again for questioning today. He was arrested after questioning," he added.
The FIR that was filed back in November has BNS sections such as 191(2) and 191(3) (rioting), 190 (every member of unlawful assembly guilty of offence committed in prosecution of common object), 221 (obstructing public servant in discharge of public functions), 125 (act endangering life or personal safety of others), 132 (assault or criminal force to deter public servant from discharge of duty) among others.