The Supreme Court on Monday stayed a previous directive that required the constitution of a Special Investigation Team comprising both Hindu and Muslim officers to investigate an assault case linked to the 2023 Akola communal riots in Maharashtra.

The stay was issued while the Court heard a review petition filed by the State of Maharashtra challenging the earlier order. The matter was taken up by a bench of Chief Justice of India BR Gavai and Justices K Vinod Chandran and NV Anjaria, following a split verdict delivered by a two-judge bench on the State’s review plea.

Solicitor General Tushar Mehta, appearing for Maharashtra, requested the Court to suspend the directive. The bench agreed and passed an interim order:

“Issue notice, returnable in four weeks. In the meantime, there shall be a stay of paragraph 24 of the judgment under review.”

Paragraph 24 of the earlier judgment had directed the Maharashtra Home Secretary to constitute an SIT of senior police officers belonging to both Hindu and Muslim communities to investigate the assault allegations, initiate disciplinary proceedings against erring officers, and ensure sensitization within the police force.

The Solicitor General submitted that neither party had requested the formation of such a community-based SIT and referred to Divine Retreat Centre v. State of Kerala, emphasizing that neither accused nor complainants can influence the choice of investigating agency. He further suggested that the Court may itself select the composition of the SIT, if required.

On September 11, a bench of Justices Sanjay Kumar and SC Sharma had criticized the Maharashtra Police for failing to properly investigate the assault and had ordered the formation of the mixed-community SIT. On November 7, the same bench issued a split verdict on the review: Justice Kumar dismissed the review, while Justice Sharma issued notice.

Justice Kumar had clarified that the instruction to include officers of both communities was intended to ensure fairness and transparency in a case with communal overtones, noting that secularism must operate in practice.

The case arises from communal violence in Akola in May 2023, reportedly triggered by a social media post concerning Prophet Muhammad. One person, Vilas Mahadevrao Gaikwad, was killed and the respondent—then 17-year-old Mohammad Afzal—was injured. Afzal alleges that despite providing a statement, no FIR was registered and that the investigation targeted innocent Muslims instead of the actual perpetrators. Maharashtra Police deny the allegation, stating that Afzal was unfit to give a statement at the time and that the murder was properly investigated.

Case Title: State of Maharashtra & Others v. Mohammad Afzal Mohammad Sharif, Review Petition (Crl.) No. 447/2025