Justice Sanjay Kumar. Photo:
Supreme Court judge Justice Sanjay Kumar observed that the state must demonstrate apparent transparency and fairness in dealing with issues of religious oppression and secularism.
Although India’s brand of secularism means that the state should remain neutral towards all religions and creeds, the men and women who work in the machinery of governance belong to different communities and religions, the judge said, suggesting that men and women who work in the state machinery may ultimately be loyal and work in the interest of their own particular faith above all else.
“India has developed its own interpretation of secularism, in which the state does not support any religion or penalize the confession and practice of any faith. This is an ideal, the state machinery must adapt its actions to it, but the inevitable fact remains that such a state apparatus ultimately includes members of various religions and communities. Transparency and justice in their actions must therefore be manifested even in matters that even remotely touch on secularism and religious oppression.”
Justice Kumar’s comments came in his separate opinion rejecting the Maharashtra government’s plea for a review of the Supreme Court’s September 2025 judgment. The judgment ordered the formation of a Special Investigation Team (SIT) comprising equal parts of Muslim and Hindu police officers to investigate allegations of murder and assault by a 17-year-old Muslim boy in the backdrop of the 2023 communal riots in Akola.
Justice Satish Chandra Sharma, the second judge on the bench, agreed with the state government and concluded that the judgment required a fresh review, dividing opinion on the review petition.
The case involved a complaint by a teenager, Mohammad Afzal Mohammad Sharif, who allegedly witnessed four men, one of whom was later identified as having political connections, fatally attack a man in an autorickshaw during riots in May 2023. The men assaulted the boy, leaving him with head injuries.
But Afzal plucked up courage and went to the police station to file a complaint of murder and assault on himself. However, the police ignored him. Even a subsequent appeal to the Superintendent of Police in Akola showed no interest.
The murder victim was later identified as Vilas Mahadevrao Gaikwad, who was traveling in an autorickshaw owned by a Muslim. Afzal stated that Gaikwad was killed under the mistaken impression that he was a Muslim.
Justice Kumar, who authored the September judgment, seconded by Justice Sharma at the time, reasoned that setting up an SIT comprising senior police officers from both communities was necessary to maintain transparency and fairness in the investigation.
“Secularism needs to be practiced in practice and reality rather than left on paper to be enshrined as a constitutional principle,” observed Justice Kumar.
Published – 9 Nov 2025 20:08 IST
