New Delhi, November 8, 2025 – The Supreme Court has delivered a split verdict regarding the formation of a Special Investigation Team (SIT) to investigate crimes related to the 2023 Akola riots in Maharashtra. The division arose from a review petition filed by the Maharashtra government against an earlier order mandating that the SIT include police officers from both Hindu and Muslim communities.
Justices Sanjay Kumar and Satish Chandra Sharma, who together issued the original order on September 11, 2025, expressed opposing views on the review petition. Justice Kumar rejected the review petition, while Justice Sharma agreed to hear the review plea in open court. Due to the split decision, the matter will now be presented to the Chief Justice of India for referral to a larger bench for a definitive ruling.
The initial September 11 order stemmed from a petition filed by Mohammad Afzal Mohammad Sharif, who alleged that police failed to register a First Information Report (FIR) or investigate his assault during the Akola riots in May 2023. The Bombay High Court had previously dismissed Sharif's petition, leading him to appeal to the Supreme Court. The Supreme Court's September 11 verdict criticized the Maharashtra Police for their inaction and directed the formation of an SIT comprising senior police officers from both Hindu and Muslim communities to ensure a fair and transparent investigation.
The Maharashtra government sought a review of this directive, arguing that mandating the inclusion of officers based on religious identity impinged upon the principle of institutional secularism. The government contended that it could be seen as prejudging a communal bias on the part of public servants. Solicitor General Tushar Mehta, representing Maharashtra, argued that such a precedent could lead to demands for religiously-based police assignments in every riot case, undermining the secular nature of the police force.
Justice Kumar, in rejecting the review petition, stated that the direction for an SIT with officers from both communities was prompted by the police's laxity in registering FIRs and investigating the crimes during the riots. He also criticized the state's separate mentioning of the plea before both judges without informing them that the other was also being approached, calling it "dubious and unprecedented". Justice Kumar emphasized the need for secularism to be practiced and not merely enshrined as a constitutional principle. He noted the case hinted at religious bias, necessitating an investigation team comprising officers from both communities to maintain transparency and fairness.
Justice Sharma, however, found merit in the review petition, stating that the aspect of mandating the SIT's composition based on religious identity required consideration. He issued a notice to the respondents, returnable within two weeks.
The Akola riots occurred in May 2023 following a social media post regarding Prophet Muhammad. The clashes resulted in the death of Vilas Mahadevrao Gaikwad and injuries to several others, including the original petitioner, Sharif.
