Akola riots: SC gives split verdict on Maharashtra's plea on SIT comprising Hindu, Muslim cops

New Delhi, Nov 7 (PTI) The Supreme Court on Friday gave a split verdict on a plea filed by the Maharashtra government seeking a review of the court's earlier direction for setting up a special investigation team comprising police officers from both Hindu and Muslim communities to probe the communal riots that broke out in Akola in 2023.

While Justice Sanjay Kumar, who authored the earlier verdict delivered on September 11, refused to review the direction, Justice Satish Chandra Sharma agreed to hear the review plea in open court.

Both the judges considered the review plea in chambers.

The Maharashtra government has contended that the direction to constitute a SIT, comprising senior police officers from the Hindu and Muslim communities, would impinge upon the principle of institutional secularism and amounts to prejudging a communal bias on the part of public servants.

Justice Kumar said the contention loses sight of the fact that the court specifically noted that the question that arose in the appeal was as to what extent police had discharged their task of being vigilant, prompt and objective in enforcing and securing the mandate of the law, without bias and subjectivity.

"The facts set out in the (September 11) order clearly demonstrate that despite information being given as to the commission of a cognisable offence, neither the officers of the police station concerned nor the superintendent of police took necessary action by at least registering an FIR, clearly manifesting total dereliction of duty on their part, be it deliberate or due to sheer carelessness," Justice Kumar said.

Justifying his views in the verdict, he said as the case was related to communal riots involving Hindus and Muslims, and the hues of the matter prima facie hinted at a religious bias, it was necessary to direct the constitution of an SIT comprising senior police officers from both communities to maintain transparency and fairness in the investigation.

"Needless to state, that should be the objective of the police machinery in the state of Maharashtra but, unfortunately, that did not happen in the case on hand. The review petition merely reproduces and seeks to appropriate what was stated by this court in para 23 of the order, but the same was not borne out by the action of the police officers in this case," Justice Kumar said.

Referring to a 2024 verdict, he said it was noted therein that India has developed its own interpretation of secularism, wherein the country neither supports any religion nor penalises the profession and practice of any faith.

"This being the ideal, the State machinery must tailor its actions accordingly, but the inescapable fact remains that such State machinery ultimately comprises members of different religions and communities. Therefore, transparency and fairness in their actions must be manifest in matters even remotely touching upon secularism and religious oppression," the judge said in the five-page review order.

While holding that no grounds were made to review the top court's directions and dismissing the review plea, Justice Kumar said, "In such circumstances, the constitution of an investigation team, comprising members of the communities involved in the communal riot, would go a long way in ensuring and safeguarding the transparency and fairness of the investigation to be carried out and there is no impingement of any idealistic principle. Be it noted that secularism needs to be actuated in practice and reality, rather than be left on paper to be enshrined as a constitutional principle." Justice Sharma, on the other hand, said various grounds have been raised in the review petition and they certainly require the court's consideration.

"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 Special Investigation Team on the basis of religious identity, it requires consideration and, therefore, let notice be issued to the respondents, returnable within two weeks," he ordered.

The matter will now be placed before the chief justice of India for listing before an appropriate bench.

On September 11, the court said when police officials don uniforms, they must shed their personal and religious predilections and biases.

It directed the constitution of an SIT to probe an alleged murder during the communal riots.

Slamming the Maharashtra Police for dereliction of duty and sheer carelessness in not registering an FIR in the matter, the court directed the state's home secretary to constitute an SIT, comprising senior police officers from Hindu and Muslim communities, to undertake an investigation after registering an FIR.

Clashes broke out in the Old City area of Akola in May 2023 after a social media post on Prophet Muhammad went viral.

The clashes resulted in the death of one Vilas Mahadevrao Gaikwad and injuries to eight people, including the petitioner.

According to petitioner Mohammad Afzal Mohammad Sharif, four persons assaulted Gaikwad with a sword, iron pipe and other objects. The petitioner had said the four assailants then damaged his vehicle and assaulted him on the head and neck with their weapons.

Sharif had, through his father, moved the Bombay High Court against police officers for not filing an FIR. The high court, however, dismissed the petition, suspecting his bona fides. PTI MNL RC