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Supreme Court Orders Mixed-Community SIT and FIR in 2023 Akola Riot Case

The ruling overturns a Bombay High Court dismissal, rebuking police for failing to act on a teenager's assault complaint.

Overview

  • The bench of Justices P. V. Sanjay Kumar and Satish Chandra Sharma directed the Maharashtra Home Secretary to constitute a Special Investigation Team of senior Hindu and Muslim officers.
  • The Court ordered registration of an FIR on the May 13, 2023 assault alleged by then 17-year-old Mohammad Afzal and required the SIT to submit its report to the Court within three months.
  • Maharashtra Police were faulted for patent dereliction of duty, with specific criticism of Akola SP Sandip Ghuge and the Old City police station in-charge for failing to initiate a probe.
  • The judgment mandates disciplinary proceedings and sensitisation measures for police personnel, citing the legal duty under Section 154 CrPC to act on information disclosing a cognisable offence.
  • The Court noted lapses such as reliance on a local inspector’s affidavit instead of senior officials and directed thorough follow-ups, including verifying identifications through mobile location and call-data records, in the case that saw the death of Vilas Gaikwad during the riots.