Overview
- Justices Sanjay Kumar and Satish Chandra Sharma issued differing opinions on reviewing a September 11 order that required an SIT to include Hindu and Muslim officers.
- With the division, the bench sent the state’s review petition to the Chief Justice of India for constitution of a larger bench, leaving the core question unresolved.
- Justice Kumar upheld the original directions, citing prima facie religious bias and total dereliction of duty, and reiterated the need for an SIT of both communities plus disciplinary action against erring police.
- Justice Sharma said the directive predicated on religious identity warrants reconsideration in open court, noting the state’s claim that it impinges on institutional secularism and amounts to prejudging bias.
- The case stems from the 2023 Akola violence in which one person was killed and a teenager injured, with the petitioner alleging police ignored his hospital statement and failed to register an FIR as required under Section 154 of the CrPC.