The Maharashtra government has challenged inclusion of officers from both Hindu and Muslim communities in the SIT, raising concerns about secularism, impartiality, and police accountability
NEW DELHI – The Supreme Court delivered a split verdict on Friday over a petition filed by the Maharashtra government seeking reconsideration of its September 11 directive to form a Special Investigation Team (SIT) to probe the 2023 communal riots in Akola.
The original order, delivered two months ago, instructed the formation of an SIT comprising police officers from both Hindu and Muslim communities. The court had emphasised that such a composition was necessary to ensure transparency and impartiality in the investigation.
Justice Sanjay Kumar, who authored the September 11 decision, refused to review the directive, stating that the facts clearly indicate gross dereliction of duty by the local police. “Despite being informed of the commission of a cognizable offense, neither the officers of the concerned police station nor the Superintendent of Police took necessary action,” he said, highlighting failures during the riots.
Justice Satish Chandra Sharma, however, agreed to hear the petition in open court, stating, “The review petition raises several grounds that the court will certainly have to consider.” Both judges considered the review petition in their chambers before delivering the split verdict.
The Maharashtra government argued that including officers based on religion would violate institutional secularism and potentially encourage communal bias among public servants. Officials claimed that such a directive could compromise the principle that police officers must remain neutral irrespective of their faith.
Justice Kumar, however, referenced a 2024 judgment clarifying that India has its own interpretation of secularism, “in which the country neither endorses nor punishes the practice or observance of any religion.” He stressed that the order was aimed at ensuring fairness and accountability.
The case arose after police failed to register an FIR or investigate an attack on a 17-year-old boy during the May 2023 Akola riots. The division bench, comprising Justices Kumar and Sharma, noted that, “When police officers don the uniform, they must abandon their personal and religious predilections and prejudices.”
The September order underscored the need for an SIT including officers from both Hindu and Muslim communities to safeguard impartiality and transparency. The bench’s directive came amid widespread criticism of law enforcement’s inaction during communal unrest.
The matter will now be placed before the Chief Justice of India for listing before an appropriate bench. Legal experts note that the split verdict highlights a delicate balancing act between institutional secularism and ensuring that minority communities have confidence in impartial investigations.
“This is not just about religion,” said an anonymous legal observer. “It is about transparency, accountability, and restoring faith in the system. Including officers from different communities is a step toward fairness, given past failures.”
As the petition moves forward, many observers will watch closely how the Supreme Court navigates the fine line between secular principles and practical measures to maintain impartiality in sensitive communal cases.
