The Supreme Court that had directed the Maharashtra government to form a Special Investigation Team (SIT) in September, including Hindu and Muslim senior police officials to probe communal clashes in Akola in 2023, after a petitioner, a victim of the riot, claimed he had seen one Vilas Mahadevrao Gaikwad being attacked by four people who later died, stayed the order following the state’s review petition against the SIT based on religion.
A bench comprising Chief Justice of India B R Gavai and Justices K Vinod Chandran and N V Anjaria passed the interim order while issuing notice on the review petition filed by the Maharashtra government, which had challenged the earlier direction to constitute an SIT along religious lines, The Indian Express reported.
The court also decided to hear the matter again after four weeks, putting on hold paragraph 24 of the earlier verdict that had instructed the formation of the team.
The issue came before the three-judge bench after a split verdict emerged from a two-judge bench of Justices Sanjay Kumar and S C Sharma, which had delivered the original order on September 11.
Justice Kumar, who had authored the September verdict, had rejected the state’s plea for review, while Justice Sharma had held that the matter concerning the constitution of an SIT based on religious identity warranted further consideration.
During the hearing, Solicitor General Tushar Mehta, appearing for the Maharashtra government, argued that the state should have the discretion to decide the composition of the SIT, and noted that even the petitioner had not specifically requested the inclusion of members from particular religious’ communities. The bench headed by Chief Justice Gavai observed that the operation of the controversial paragraph would remain stayed until the next hearing.
The case stemmed from communal violence that erupted in May 2023 in Akola’s Old City area after a social media post about the Prophet went viral, leading to violent clashes that claimed the life of Vilas Mahadevrao Gaikwad and left eight others injured, including petitioner Mohammad Afzal Mohammad Sharif.
Sharif later alleged that he had witnessed four men assaulting Gaikwad with weapons, which prompted his appeal seeking a thorough and impartial investigation into the incident.