Supreme Court Puts Brakes on Religiously Diverse SIT for Akola Riots Probe
The Supreme Court of India has temporarily halted its own directive that required the Maharashtra government to form a Special Investigation Team (SIT) comprising both Hindu and Muslim police officers to investigate an alleged murder during the 2023 communal clashes in Akola. This significant legal development occurred on Tuesday when a bench led by Chief Justice of India B R Gavai, along with Justices K Vinod Chandran and N V Anjaria, issued a stay on the controversial order.
Legal Proceedings and Split Verdict
The case reached the three-judge bench following a divided opinion from a two-judge bench of Justices Sanjay Kumar and S C Sharma. This division emerged during the review of their own September 11 verdict. Justice Kumar, who authored the original judgment, dismissed the review petition, while Justice Sharma expressed that the question of constituting an SIT based on religious identity "requires consideration."
During Tuesday's proceedings, Solicitor General Tushar Mehta, representing the state government, argued that the court should have the discretion to choose SIT members. He further submitted that even the petitioners had not specifically requested the formation of a religiously mixed investigation team as the court had directed in its September order.
Background of the Akola Clashes
The legal battle stems from violent incidents that erupted in Akola's Old City area in May 2023. The clashes were triggered by a social media post concerning the Prophet that went viral. The violence resulted in the death of Vilas Mahadevrao Gaikwad and injuries to eight other individuals, including the petitioner Mohammad Afzal Mohammad Sharif.
According to Sharif's allegations, four individuals assaulted Gaikwad using weapons including a sword and an iron pipe. The original September 11 order came in response to Sharif's appeal, with the bench directing the Maharashtra Home Ministry Secretary to constitute the religiously diverse SIT to investigate all allegations and register an FIR concerning the assault on Sharif that occurred on May 13, 2023.
The court has now scheduled the next hearing after four weeks, putting the controversial investigation approach on hold until further judicial examination.
