NEW DELHI: The Congress slammed the BJP-led government on Saturday over the transfer of Sambhal Chief Judicial Magistrate Vibhanshu Sudheer, who had directed that an FIR be lodged against police personnel in connection with the Sambhal violence, and alleged that this is not an administrative move but a "direct assault on judicial independence".
The opposition party urged the Supreme Court and the Allahabad High Court to take suo-motu (on its own) cognisance of the "arbitrary and deeply-troubling transfer" of Sudheer.
Congress's media and publicity department head Pawan Khera said timely judicial intervention is essential to uphold the rule of law, protect institutional autonomy and prevent further erosion of democratic governance in the country.
Addressing a press conference here, Khera said even more alarming was the initial attempt to appoint, as Sudheer's replacement, the very judicial officer who had ordered the controversial survey of the Jama Masjid that had preceded the Sambhal violence.
"Although this appointment was reversed within 48 hours following public outrage and was quietly sent back to his original post, the episode itself lays bare the BJP government's systematic effort to bend judicial administration to its political will, weaponise transfers as instruments of control and erode the independence of the judiciary in pursuit of its authoritarian agenda," Khera said.
The Congress leader's remarks came after lawyers earlier this week protested against Sudheer's transfer, alleging that the move undermined judicial independence.
Sudheer had, on January 9, directed for the registration of an FIR against police personnel, including the then circle officer Anuj Chowdhury, in connection with the Sambhal violence case.
Khera alleged that the Bharatiya Janata Party-led government has once again laid bare its most "lethal, anti-people, anti-constitutional, authoritarian and brutally-autocratic character" by openly subverting the democratic institutions of the country.
"The abrupt transfer of the chief judicial magistrate, Sudheer, is not an administrative act, it is a calculated act of institutional vandalism and a direct assault on judicial independence," he said.
"The BJP has perfected a dangerous and cynical political formula -- manufacture communal tension, unleash State violence, protect the perpetrators and then crush any institution that dares to demand accountability. Sambhal is not an exception, it is the latest victim of this deliberate and deeply-sinister strategy," he alleged.
The communal violence in Sambhal was not spontaneous but a direct outcome of the BJP government's politics of "hatred, polarisation and impunity", Khera further claimed.
The CJM's transfer is a textbook example of how the ruling party has "hijacked the judicial system" to serve its political interests, he alleged.
When the judiciary finally stepped in to uphold the rule of law, the BJP reacted with vengeance, the Congress leader claimed.
During the Sambhal violence, the police administration had resorted to indiscriminate and reckless firing, resulting in the deaths of protesters from the Muslim community, he said.
"This is a shocking, condemnable and custodial killing-like incident, demanding an independent, transparent and impartial investigation. Yet, the BJP government showed zero concern for justice, choosing instead the path of cover-up, intimidation and suppression," Khera said.
"On January 9, as the CJM, Sambhal, Vibhanshu Sudheer directed for the registration of an FIR against controversial police officer Anuj Chaudhary, who was then serving as the circle officer, Sambhal, along with other police personnel, in connection with the firing incident," he said.
Instead of allowing the judicial process to proceed, the BJP government ensured that the judge was swiftly removed, Khera added.
"Sudheer was transferred to Sambhal from Agra only on September 18, 2025. His transfer within barely four months is not only unprecedented but screams of political interference, vindictiveness and institutional sabotage," he said.
"This transfer is clearly punitive, intended to send a chilling message to the judiciary -- act against the BJP's police machinery and you will pay the price," he said.
This is not an isolated incident but part of a deliberate, well-orchestrated plan to dismantle democratic checks and balances and ensure that no institution remains capable of questioning power, the Congress leader added.
"We, therefore, urge the Honourable Supreme Court of India and the Honourable Allahabad High Court to take suo-motu cognisance of the arbitrary and deeply-troubling transfer of Sambhal's chief judicial magistrate, Vibhanshu Sudheer.
"This issue goes far beyond the transfer of an individual judicial officer, it strikes at the core of judicial independence and the constitutional balance between the judiciary and the executive," Khera said.
On November 24, 2024, violence erupted in the Kot Garvi locality in Uttar Pradesh's Sambhal during a court-ordered survey of the Mughal-era Jama Masjid. The incident led to the deaths of four people due to gunfire, while several sustained injuries.