Two months after it directed the Maharashtra government to set up 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 stayed the order on Tuesday.
A bench of Chief Justice of India BR Gavai and Justices K Vinod Chandran and NV Angaria also issued notice on the review petition filed by the state government. The court will now hear the case after four weeks.
The case reached a three-judge bench after a two-judge bench, Justices Sanjay Kumar and SC Sharma, passed the order on September 11. He issued a split ruling on the review petition.
While Justice Kumar, who delivered the September 11 judgment, dismissed the review petition, Justice Sharma said the issue of constituting a special court of inquiry on the basis of religious identity “requires consideration”.
During his appearance for the state on Tuesday, Solicitor General Tushar Mehta told the bench that it can choose who should be members of the special investigation team. He maintained that even the petitioners did not perform any prayers as ordered by the Supreme Court in the September 11 judgment.
“In the meantime, there should be a stay of paragraph 24 (which has the relevant direction) of the judgment under review,” the bench headed by CJI Gavai said in its order.
On September 11, after allowing the appeal of the petitioner Muhammad Afzal Muhammad Sharif, a bench of Justices Kumar and Sharma ordered that “in the circumstances, we are of the view that this is a fit case to direct the Home Minister and the Government of Maharashtra, to constitute a Special Investigation Team, comprising senior police officers of both the Hindu and Muslim communities, to conduct an investigation into all the allegations made by the appellant, by registering an FIR in respect of the assault on him on 13.05.2023, and take appropriate action thereon as may be required. The command.
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The state of Maharashtra and others have filed a petition to review the court order.
In May 2023, clashes broke out in the Old Town area of Akola after a social media post about the Prophet went viral. The clashes resulted in the death of Vilas Mahadevrao Gaikwad and the injury of eight people, including Sharif. According to Sharif, four people assaulted Gaikwad with a sword, an iron pipe and other objects.
© Indian Express Private Limited
(Tags for translation) Supreme Court of India
