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Journalism of Courage
Two months after it directed the Maharashtra government to constitute a Special Investigation Team (SIT) comprising Hindu and Muslim police officers to probe an alleged murder during communal clashes in Akola in 2023, the Supreme Court on Tuesday stayed the order.
A bench of Chief Justice of India B R Gavai and Justices K Vinod Chandran and N V Anjaria also issued notice on the review petition filed by the state government. The court will now hear the case after four weeks.
The matter reached the three-judge bench after a two-judge bench of Justices Sanjay Kumar and S C Sharma, which had pronounced the order on September 11, delivered a split verdict on the review petition.
While Justice Kumar, who authored the September 11 verdict, dismissed the plea for review, Justice Sharma said the question of constituting an SIT on the basis of religious identity “requires consideration”.
Appearing for the state on Tuesday, Solicitor General Tushar Mehta told the bench that it could choose who should be members of the SIT. He submitted that even the petitioners had not made any prayer as was directed by the SC in the September 11 verdict.
The bench presided by CJI Gavai said in its order, “In the meantime, there shall be a stay of paragraph 24 (which has the relevant direction) of the judgment under review.”
On September 11, allowing an appeal by petitioner Mohammad Afzal Mohammad Sharif, the bench of Justices Kumar and Sharma ordered that “in these circumstances, we are of the opinion that this is a fit case to direct the Secretary, Home Ministry, Government of Maharashtra, to constitute a special investigation team, comprising senior police officers of both Hindu and Muslim communities, to undertake an investigation into all the allegations made by the appellant, by registering an FIR in connection with the assault upon him on 13.05.2023, and take appropriate action thereon as warranted.”
The state of Maharashtra and others filed a review petition against the court order.
In May 2023, clashes broke out in the Old City area of Akola after a social media post on the Prophet went viral. The clashes resulted in the death of one Vilas Mahadevrao Gaikwad and injuries to eight people, including Sharif. According to Sharif, four people assaulted Gaikwad with a sword, an iron pipe, and other objects.
