In that judgment, the same bench of Judges had ordered that the SIT should probe the matter and it should comprise officers from both Hindu and Muslim communities.

The Maharashtra government later sought a review of that direction, arguing that it undermined institutional secularism by requiring religious identity to determine police postings.

Justice Sharma on Friday said that in the review petition, various grounds have been raised and they certainly require consideration by this court. "The direction in the impugned judgment requiring that the Special Investigation Team (SIT) be composed of officers from both Hindu and Muslim communities constitutes an error apparent on the face of the record, warranting review under Article 137 of the Constitution," said Justice Sharma.

He also clarified that the earlier direction, though well-intentioned, directly impinges upon the principle of institutional secularism, which has been repeatedly affirmed by the court as a part of the basic structure of the Constitution.

"In the considered opinion of this court, the review and recall sought of the judgment to the limited extent that "it directs or mandates the composition of the Special Investigation Team (SIT) on the basis of religious identity" requires consideration and, therefore, let notice be issued to the respondents, returnable within two weeks," said Justice Sharma.

On the other hand, Justice Kumar in the review order said that the constitution of an investigation team comprising members of the communities involved in the communal riot would go a long way in ensuring and safeguarding the transparency and fairness of the investigation to be carried out and there is no impingement of any idealistic principle. He said secularism needs to be actuated in practice and reality, rather than be left on paper to be enshrined as a constitutional principle.

"No grounds are, therefore, made out to review the directions of this. The review petition is, accordingly, dismissed," said Justice Kumar in his review order.