New Delhi, Jan 24 (.) The Congress on Saturday accused the BJP-led government of undermining judicial independence and subverting democratic institutions following the abrupt transfer of Sambhal Chief Judicial Magistrate (CJM) Vibhanshu Sudheer, calling the move “punitive” and politically motivated.
Addressing a press briefing, Congress leader Pawan Khera said the transfer was “not an administrative act but a calculated assault on the independence of the judiciary,” alleging that it came in retaliation for judicial orders seeking accountability in connection with communal violence in Sambhal.
“The abrupt transfer of the Chief Judicial Magistrate, Sambhal, is a direct assault on judicial independence and a textbook example of how institutions are being vandalised to serve the ruling party’s political interests,” Khera said. “The message is chillingly clear: act against the BJP’s police machinery, and you will pay the price.”
The controversy stems from communal violence in Sambhal, in which police firing during clashes led to the deaths of three members of the Muslim community. The incident triggered sharp criticism from opposition parties and civil rights groups, who have demanded an independent investigation into the police action.
On January 9, CJM Vibhanshu Sudheer directed the registration of a First Information Report (FIR) against Circle Officer Anuj Chaudhary and other police personnel in connection with the firing. Within days, the judge was transferred. Sudheer had taken charge in Sambhal only on September 18, 2025, after being posted there from Agra, making his transfer within four months unusually swift.
According to Congress, the timing of the transfer raises serious questions. “When the judiciary finally stepped in to uphold the rule of law, the BJP reacted with vengeance,” Khera alleged.
The Congress further claimed that the government initially attempted to appoint, as Sudheer’s replacement, a judicial officer who had earlier ordered a controversial survey of the Jama Masjid—an exercise that preceded the Sambhal violence. Although that appointment was reportedly reversed within 48 hours following public criticism, the party said the episode exposed an effort to “weaponise judicial transfers as instruments of control.”
“The BJP has perfected a dangerous political formula—manufacture communal tension, unleash state violence, protect the perpetrators, and crush any institution that demands accountability,” Khera said, adding that Sambhal was “the latest victim” of this approach.
He also accused the government of attempting to “intimidate, domesticate and ultimately capture the judiciary” by favouring officers perceived to be ideologically aligned with the ruling party.
Invoking constitutional provisions, the Congress leader said judicial transfers perceived to be influenced by the executive violate the spirit of Article 50, which mandates the separation of the judiciary from the executive. “Any action that gives the impression that judicial administration is dictated by the whims of the ruling party strikes at the heart of constitutional democracy,” he said.
Khera argued that the Sambhal episode was part of a broader pattern. “Since 2014, the BJP government has systematically assaulted Parliament, the media, investigative agencies, universities, and now the judiciary,” he said. “This is not an isolated incident but a well-orchestrated plan to dismantle democratic checks and balances.”
The Congress has urged the Supreme Court and the Allahabad High Court to take suo motu cognisance of the transfer of the Sambhal CJM. “This issue goes far beyond the transfer of an individual judge,” Khera said. “It strikes at the core of judicial independence and the constitutional balance between the judiciary and the executive. Timely intervention is essential to uphold the rule of law.” . SKA .
