Maharashtra seeks review of order directing Hindu, Muslim SIT to probe assault

On September 11, the Supreme Court ordered the formation of the SIT to probe the assault on a Muslim boy during a 2023 communal riot in Akola

Maharashtra has filed a review plea against a September 11 Supreme Court order directing the formation of a special investigation team (SIT) of Hindu and Muslim police officers to probe the assault on a Muslim boy during a 2023 communal riot in Akola.

The review petition was listed for hearing later in the day in chambers. (ANI)

Solicitor general Tushar Mehta, representing the state, mentioned the petition, terming the order unprecedented. Mehta, who requested an open court hearing, said that the state was willing to transfer the case to the Central Bureau of Investigation (CBI).

The review petition was listed for hearing later in the day in chambers before a bench of justices Sanjay Kumar and Satish Chandra Sharma. The state offered to constitute an SIT of Muslim officers, but Mehta underlined that choosing police officers based on religious identity would not set a good precedent.

Justice Kumar told Mehta that the court will consider the state’s request when it takes up the review petition, even as he defended the September 11 order. “Let us not live in ivory towers and ignore what is happening around us. Unprecedented times require unprecedented orders. Let us not be blind to reality and the reality that we saw warranted this order.”

Mehta said the court may transfer the probe to the CBI if the issue is about “distrust” in the state police. The court said that was not the issue. “We do trust that the state police have enough gumption to investigate this case. We had refused to order a CBI probe on this ground.” The court said it does not suspect bona fides in every case. “But this case warranted such an order.”

Mehta maintained serious concern with the order. “Let not there be SIT of Hindu and Muslim officers. I am ready to even constitute an SIT of all Muslims. It is a serious matter that should be remedied...”

Justice Kumar assured Mehta that he would consult the other judge when the matter is taken up later in the day. “During lunch, I will take up your review. I will discuss with my brother, judge, and take a call.”

The 17-year-old Muslim boy from Akola moved the Supreme Court for an SIT probe over the assault during a communal riot that broke out following an objectionable social media post about Prophet Muhammad. The Bombay high court rejected his plea.

The Supreme Court cited lapses on the part of the police, who disbelieved the boy’s statement that four men assaulted him with iron rods and wounded autorickshaw driver Vilas Mahadevrao Gaikwad, who died later. Police named Muslims in the case even as the boy told them Hindus assaulted Gaikwad under the mistaken impression that he was a Muslim.

Police said the boy was unfit to give a statement when they visited him in hospital. As he did not submit a complaint, no case was registered. The boy claimed to have a snapshot of his statement recorded at the hospital, which the police dismissed as unreliable in the absence of a signature. In June 2023, the boy’s father submitted a written complaint to the Akola police superintendent.

The Supreme Court cited Code of Criminal Procedure Section 154 and said the superintendent was mandated to conduct an inquiry and register a case if it related to a cognisable offence. It pulled up the in-charge of Akola’s Old City Police Station for failing to follow up by registering a case despite being aware of the medico-legal case involving the boy and his hospitalisation.

“When members of the police force don their uniforms, they are required to shed their personal predilections and biases, be they religious, racial, casteist, or otherwise. They must be true to the call of duty attached to their office and their uniform with absolute and total integrity,” the court said.

The court directed the state home secretary to initiate disciplinary action against the superintendent and the station-in-charge for dereliction of duty. It directed the secretary to instruct the rank and file of the police department on their duties, and set SIT comprising senior Hindu and Muslim officials to investigate the boy’s assault and submit a report to the court within three months.