The Allahabad High Court on Friday rejected Samajwadi Party MP Zia Ur Rehman Barq’s petition to quash a first information report filed against him in the Sambhal violence case, The Indian Express reported.

However, the court directed the police not to arrest Barq and asked the Sambhal MP to cooperate in the investigation.

In November, Barq was booked for allegedly inciting a mob in Sambhal, resulting in violent clashes that left five persons dead.

The police have alleged that the mob attacked officials to disrupt a court-ordered survey at the 16th century Shahi Jama Masjid in Sambhal on November 24. The survey stems from a claim that the mosque was built by Mughal emperor Babur after demolishing an ancient temple.

Barq denied the allegations, stating he was in Bengaluru at the time of the clashes.

“I was not even in the state, let alone Sambhal,” he had said. “This is a conspiracy by the police and administration.”

He had earlier criticised the survey, stating that the mosque is a historic site. “The Supreme Court had ruled that religious places as they existed in 1947 must remain unchanged as per the Places of Worship Act, 1991,” he said.

The Uttar Pradesh government has ordered a magisterial inquiry into the violence.

The High Court order on Barq’s plea came a day after Chandausi court-appointed commissioner Ramesh Singh Raghav submitted the survey report of the masjid to Civil Judge Aditya Singh, the newspaper reported.

As per directives of the Supreme Court, the report was submitted in a sealed packet that cannot be opened even by the judge till the top court decides on pending lawsuits concerning the religious character of places of worship.

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