The Supreme Court has stayed its earlier order directing that the SIT probing the 2023 Akola riots include officers from both Hindu and Muslim communities, saying the issue of secularism and fair investigation needs further examination.
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NEW DELHI: The Supreme Court on Tuesday stayed its September 11 judgment that had directed the inclusion of senior police officers from both Hindu and Muslim communities in the Special Investigation Team (SIT) probing the 2023 Akola riots.
The stay was issued by a Bench headed by Chief Justice of India (CJI) BR Gavai, along with Justices Vinod Chandran and NV Anjaria, after an earlier two-judge Bench delivered a split verdict on November 7 regarding the State of Maharashtra’s review petition.
Background
The September 11 judgment, delivered by Justices Sanjay Kumar and Satish Chandra Sharma, had strongly criticised the Maharashtra Police for failing to register an FIR and investigate the assault on a 17-year-old boy during the May 2023 Akola riots.
Calling it a case of “total dereliction of duty,” the Court ordered the formation of an SIT to conduct a fair investigation. In a rare move, the Bench directed that the SIT must include officers from both Hindu and Muslim communities to ensure transparency, impartiality, and public confidence in the probe.
Maharashtra’s Review Petition
The Maharashtra government later sought a review of this direction, arguing that it was inconsistent with India’s secular framework. The State contended that religious identity should not determine police postings or official responsibilities, as that could undermine the principle of institutional secularism.
On November 7, the same Bench that issued the original order delivered divergent opinions on the review plea.
- Justice Sanjay Kumar dismissed the State’s review petition, maintaining that the inclusion of officers from both communities upheld secularism in practice. He criticised the State’s claim that the order breached secular principles and also rejected its request for an open court hearing.
- Justice Satish Chandra Sharma, however, took a different view. He accepted the State’s argument that the issue warranted further examination, especially on whether such a direction could conflict with the constitutional ideal of a religion-neutral administration.
With the judges divided, the matter was referred to Chief Justice Gavai for the constitution of a larger Bench.
Supreme Court’s Latest Order
The three-judge Bench led by CJI BR Gavai has now stayed the operation of the September 11 judgment, meaning the directive to include officers from both communities in the SIT will not take effect until further orders.
This stay provides temporary relief to the Maharashtra government, which had argued that such a directive could set a troubling precedent in administrative decisions involving religious identity.
Case Title:
The State of Maharashtra & Ors. vs. Mohammad Afzal Mohammad Sharif
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