SC bench stays Hindu-Muslim SIT order in Akola riots case

The Supreme Court stayed a directive for a mixed SIT to investigate a communal riot in Maharashtra, amid concerns over institutional secularism.

Days after the Supreme Court delivered a split verdict on recalling its order directing the composition of a special investigation team (SIT) comprising both Hindu and Muslim police officers from Maharashtra to probe a 2023 communal riot incident in the state’s Akola, a larger bench stayed the direction on the state’s review plea.

SC bench stays Hindu-Muslim SIT order in Akola riots case

A bench of Chief Justice of India (CJI) Bhushan R Gavai and justices K Vinod Chandran and NV Anjaria stayed the direction issued on September 11 and issued notice on the Maharashtra government’s review petition urging the court to have an independent agency probe the case.

Posting the matter after four weeks, the court issued notice on the review plea and said, “In the meantime there shall be stay of the portion of the order directing SIT of Hindu and Muslim police officers in the judgment under review.”

Solicitor general Tushar Mehta appearing for the state said that the review was sought on the limited aspect of challenging this direction as it directly impinges upon the principle of institutional secularism and seeks to create a divide on religious lines within the uniformed force.

Deciding the review plea on November 7, a bench of justices Sanjay Kumar and Satish Chandra Sharma gave a split verdict. While justice Kumar dismissed the review petition and rejected the applications seeking hearing of the review petition in open court, the other judge said grounds existed for review and listed the matter in open court after two weeks.

Justice Kumar’s separate but detailed opinion said, “The case related to communal riots, involving Hindu and Muslim communities, and (as) the hues of this case prima facie hinted at a religious bias, it was necessary to direct constitution of an investigation team comprising senior police officers of both communities so as to maintain transparency and fairness in the investigation.”

The judge further stated that secularism in India means that the state neither supports any religion nor penalizes the profession and practice of any faith. The state machinery, he said, must tailor its actions in such a manner to ensure transparency and fairness in probe.

Differing with the state that the direction impinges upon the principle of institutional secularism, justice Kumar said, “Secularism needs to be actuated in practice and reality, rather than be left on paper to be enshrined as a constitutional principle.” He pointed out that the direction was passed in the unique facts of the case where the state machinery failed to investigate the complainant of the riot victim, a 17-year-old Muslim boy.

The minor was assaulted during a communal riot that broke out in Akola, triggered in the Old City area following an objectionable social media post on Prophet Muhammad. The Bombay high court had earlier rejected his petition to set up an SIT for probe on his complaint and take action against the erring officials.

The apex court, on September 11, held clear lapses on the part of the police who disbelieved the victim’s statement that four men had assaulted him with iron rods and wounded an autorickshaw driver, Vilas Mahadevrao Gaikwad, who later died. The police named Muslims in the FIR even when the victim told them that the assailants were Hindus and had assaulted Gaikwad under the mistaken impression that he was a Muslim.

The judgment said, “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 further directed the state home secretary to initiate disciplinary action against the errant police officer for “patent dereliction of duty”. It went on to direct the home secretary to instruct the rank and file of the police department on their duties, and create a SIT comprising senior Hindu and Muslim officials to investigate the assault and submit a report to the court within three months