The Supreme Court on Thursday directed the Maharashtra government to constitute a special investigation team to probe the alleged killing of a Hindu man in the communal riots in Akola on May 13, 2023, on the presumption that he was a Muslim.

Castigating the local police for their alleged failure to probe the incident, the apex court observed: “Needless to state, when members of the police force don their uniforms, they are required to shed their personal predilections and biases, be they religious, racial, casteist or otherwise. They must be true to the call of duty attached to their office and their uniform with absolute and total integrity. Unfortunately, in the case at hand, this did not happen.”

The bench of Justices Sanjay Kumar and Satish Chandra Sharma was dealing with a plea filed by Mohammad Afzal Mohammad Sharif, who claimed to have witnessed the murder of Vilas Mahadevrao Gaikwad during the riots. Sharif had challenged the dismissal of his plea for registration of an FIR against the accused by the Nagpur bench of Bombay High Court, which had questioned his bona fides despite the production of a photograph of one of the accused.

“It was for the police to investigate the truth or otherwise of the specific allegations made by the appellant, a 17-year-old boy, who asserted that he was an eyewitness to the murder of Vilas Mahadevrao Gaikwad and was himself assaulted by the
very same assailants,” the bench said.

“If, in fact, the deceased was really murdered under the impression that he belonged to the Muslim community and the assailants were not of that community, that was a fact that had to be ascertained after a thorough and proper investigation. When the appellant claimed that he could identify one of the four assailants, that claim also required to be followed up with a detailed investigation...,” Justice Kumar, who authored the judgment, observed.

Justice Kumar said the law required its sentinels to be vigilant, prompt and objective in enforcing and securing its mandate.

“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 May 13, 2023,” the bench said.

The bench directed disciplinary action against erring police officers “for the patent dereliction of duties”.