The September 11 judgment had strongly criticised the Maharashtra Police for failing to register an FIR and investigate the assault on a 17-year-old boy during the May 2023 violence
NEW DELHI – The Supreme Court on Tuesday stayed its September 11 judgment directing the inclusion of senior police officers from both Hindu and Muslim communities in the Special Investigation Team (SIT) probing two crimes related to the 2023 communal riots in the Maharashtra city of Akola.
The stay was issued by a bench headed by Chief Justice BR Gavai, along with Justices Vinod Chandran and NV Anjaria, after an earlier two-judge bench delivered a split verdict on November 7 regarding the state of Maharashtra’s review petition.
The September 11 judgment, delivered by Justices Sanjay Kumar and Satish Chandra Sharma, had strongly criticised the Maharashtra Police for failing to register an FIR and investigate the assault on a 17-year-old boy during the May 2023 Akola riots.
Calling it a case of “total dereliction of duty,” the court ordered the formation of an SIT to conduct a fair investigation. In a rare move, the bench directed that the SIT must include officers from both Hindu and Muslim communities to ensure transparency, impartiality, and public confidence in the probe.
However, appearing for Maharashtra, solicitor general Tushar Mehta told the bench on Tuesday that police personnel lose their religious identity once they don the uniform, and a directive to set up the SIT based on the faith of members would violate the principles of secularism that governs the functioning of forces.
He said the state is duty bound to conduct a free and fair probe and constitute an SIT as was directed by the bench of Justices Sanjay Kumar and Satish Chandra Sharma.
Staying the part of the two-judge bench’s order that was related to the composition of the SIT, CJI-headed bench issued notice to the petitioner at whose request SC had earlier passed the order. “We cannot pass any order without hearing the complainant,” the bench said.
In deciding the review petition, Justice Sharma had said, “In the considered opinion of this court, as review and recall has been sought of the judgment to the limited extent that ‘it directs or mandates the composition of the SIT on the basis of religious identity’ requires consideration and, therefore, let notice be issued to the respondents, returnable within two weeks.”
But Justice Kumar dismissed the review petition and said the directive for including police officers belonging to Hindu and Muslim communities in the SIT was issued because of laxity on part of the police to register FIRs and investigate the two crimes relating to the communal riots.
Given the split verdict, the matter was posted before a three-judge bench. – With inputs from Agencies
