New Delhi: The Supreme Court on Friday delivered a split verdict on the Maharashtra government’s plea seeking review of a judgment that ordered the formation of a special investigation team comprising both Hindu and Muslim officers to probe the 2023 Akola riots.
The two-judge bench of Justices Sanjay Kumar and S. C. Sharma differed in their views. Justice Kumar dismissed the review petition, upholding the earlier judgment passed on September 11, while Justice Sharma allowed the petition and agreed to hear it in open court. The matter will now be placed before the Chief Justice of India for further orders.
The Maharashtra government argued that forming a team based on religious identity undermines the principle of institutional secularism and assumes communal bias among police officers.
Justice Kumar, however, said the directive was justified given the communal nature of the riots, which involved Hindu and Muslim groups. He stated that the local police had failed to act objectively, ignoring complaints and delaying the registration of an FIR. “Secularism must be practiced in reality, not remain a principle on paper,” he noted, adding that a mixed-community SIT would enhance transparency and fairness.
Justice Sharma, in contrast, held that the issue of including officers based on religion required deeper consideration. He issued notice to the respondents, making the order returnable in two weeks.
The case concerns allegations by a Muslim youth who said he was assaulted, and an auto driver was killed during the Akola riots on May 13, 2023.
