Police must act above religion and caste to protect innocent Muslims from false charges, observes the court
NEW DELHI — The Supreme Court has severely criticised Maharashtra police for conducting a biased investigation into the 2023 communal riots in Akola. The apex court said the police acted unfairly by protecting real culprits falsely implicating innocent members of the Muslim community, further deepening their suffering and fear.
The communal violence had erupted in May 2023 following an objectionable social media post insulting the Prophet Muhammad. The violence had triggered tension across the country, disturbing peace and harmony.
A division bench of Justices Sanjay Kumar and SC Sharma observed that wearing the police uniform means working without religious or caste prejudice. “A police officer, once in uniform, must rise above religion, caste or any bias and work only according to the law,” the bench remarked.
The court ordered formation of a Special Investigation Team (SIT) to investigate the entire case afresh. Importantly, the bench instructed that this SIT must include senior officers from both Hindu and Muslim communities to restore public faith in the investigation.
“Fairness is the backbone of justice. If police target innocents while shielding real culprits, it destroys trust in the system,” the bench said.
The order came on a petition filed by Mohammad Afzal Mohammad Sharif, who claimed he was present at the spot on 13 May, 2023, when an auto-rickshaw driver was killed during the riots that broke out over a social media post. Sharif was also assaulted by two of the assailants who allegedly killed the auto driver.
Sharif alleged the police had not registered an FIR on his complaint regarding the attack on him nor did they record his statement in connection with the killing he witnessed. He said the police team had visited him in hospital where he was admitted following the attack. Later, his father lodged a formal complaint at the police station, demanding a probe into his son’s attack.
According to Sharif, the assailants assaulted the auto driver because they mistook him for a Muslim, which he was not. The confusion arose because the autorickshaw the man drove belonged to a Muslim. The murder victim was identified as Vilas Mahadevrao Gaikwad.
Sharif stated that four men attacked Gaikwad with swords, iron pipes and other weapons, killing him at the spot. He himself was injured in the incident.
However, he said the police never registered an FIR against the real attackers. “Police recorded my statement but refused to register an FIR. Instead, they falsely booked several Muslim men who were not even involved,” he alleged.
The petitioner also accused police officers of deliberately saving the actual culprits and framing innocent Muslims. He demanded action against the responsible police officers and an impartial probe by a new SIT.
Earlier, the high court had dismissed his plea for an SIT, stating that he had not informed the police on time and that a chargesheet had already been filed. The high court also noted that the deceased’s family had not objected to the investigation.
However, the Supreme Court took a different view, stressing the need for fairness. “We cannot allow injustice to stand. Innocent people, especially from the Muslim community, cannot be sacrificed to protect the real accused,” the bench said.
Many Muslim community leaders welcomed the verdict, saying it restored their faith in the judiciary. “This judgment proves that truth still matters. Our youth were falsely accused while the real killers walked free,” said social activist from Akola.
Another resident, said, “The police acted with prejudice. This order gives hope that innocent Muslims will finally get justice.”
Legal experts believe the decision could set an important example for fair investigation in communal violence cases.
