NEW DELHI: The Supreme Court on Wednesday in its judgement directed the Maharashtra government to form a Special Investigation Team (SIT) to probe the May 2023 communal riots in Akola, where one person was allegedly killed and eight others, including two policemen, were injured after a clash over a social media post.
The top court passed the verdict on Thursday after hearing a plea filed by 17-year-old Mohammad Afzal Mohammad Sharif, who alleged that despite his serious injuries during the said violence, the police failed to register a case or probe the assault. He had moved the apex court, as his earlier petition was dismissed by the Bombay High Court on July 25, 2024.
"We are of the opinion that this is a fit case to direct the Secretary, Home Ministry, Government of Maharashtra, to constitute a SIT, 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 May 13, 2023, and take appropriate action thereon as warranted," said, a two-judge bench of the top court, headed by Justice Sanjay Kumar and Justice Alok Aradhe, in its 18-page verdict.
The top court further directed that the Secretary, Home Ministry, Govt of Maharashtra, shall initiate appropriate disciplinary action against all the erring police officials, in accordance with law and due procedure, for the patent dereliction of duties, as has been noted hereinbefore. "Measures shall also be initiated to instruct and sensitize the rank and file in the police department as to what law requires of them in the discharge of their duties," said the apex court.
Pulling up the Maharashtra state police for a "biased" probe, the top court added, a person after donning the police uniform must rise above all kinds of bias, including religion and caste, and discharge duty as per the law.
"Needless to state, members of the police force must be true to the call of duty attached to their office and their uniform with absolute and total integrity. Unfortunately, in the case on hand, this did not happen. Be it for whatever reason, the police authorities never followed up on Medico-Legal Case involving the appellant, (Sharif) though they had information of the same at 02.15 AM on May 14, 2023 itself, i.e., shortly after the admission of the appellant at Icon Hospital. Neither the officers of the Old City Police Station, Akola, nor Sandip Ghuge, Superintendent of Police, Akola, lived up to the expectation that reposed in them as upholders of the law to take prompt and appropriate action," said the apex court.
While allowing the appeal of Sharif, the top court disposed of the plea and also ordered that the investigation report of the SIT -- to be constituted pursuant to the direction of this Court -- shall be placed before this Court within three months from September 11.
The top court added in its verdict that it cannot be disputed that the appellant was subjected to an assault during the riots, on the night of May 13, 2023, requiring his hospitalization for his head injury. At the very least, the assault upon him would have constituted an offence under Sections 324 or 325 (Voluntarily causing grievous hurt) of the Indian Penal Code (IPC), which are all cognizable, and required decisive and prompt action on the part of the police as soon as they came to know about it.
