Bombay HC orders SIT probe into Badlapur accused’s death
The Bombay High Court on Monday ordered an FIR against five policemen for the custodial death of Badlapur sexual assault case accused Akshay Shinde, who was allegedly shot in a police van. Noting that a prima facie offence was disclosed, the court also ordered the setting up of an SIT.
A division Bench rapped the Maharashtra Government for its “reluctance” to lodge an FIR, stating that such action undermines the state’s legitimacy and the common man’s faith in the criminal justice system.
When a prima facie offence is disclosed, it is mandatory to lodge a case, the Bench of Justices Revati Mohite Dere and Neela Gokhale noted.
The Bench said it was satisfied that the encounter required a thorough investigation as it was undisputed that the deceased succumbed to bullet injuries inflicted by a police officer when he was in police custody.
“We are of the opinion that a cognisable offence is disclosed, and as such, the police are duty-bound to proceed in adherence with the law. Reasonableness and credibility of the information are not conditions precedent for registering an FIR,” the Bench said.
As a constitutional court, the HC cannot remain a “mute spectator” even though the parents of the deceased had said they do not want to pursue the case, the Bench said.
Notably, Shinde’s parents had claimed that their son was killed in a fake encounter but added that they did not want to pursue the case.
Accused of sexually assaulting two minor girls at a school in Badlapur in Thane district, Shinde was allegedly killed in a police shoot-out on September 23, 2024, when he was being taken to Kalyan from the Taloja prison for questioning in another case.
The escorting police team had claimed that they had shot at the accused in self-defence after he snatched the gun from one of them and opened fire. A magistrate inquiry report, however, dismissed their argument and indicted five police personnel.
The Bench directed the Joint Commissioner of the Mumbai Police’s crime branch Lakhmi Gautam to form an SIT under a DCP and register FIR. The court said it was confident that the SIT would unearth facts and conduct a fair and impartial investigation from all angles, uninfluenced by anyone.
After the order was pronounced, senior counsel Amit Desai, appearing for the government, sought a stay but the court refused. The Bench said a refusal to investigate a crime undermines the rule of law, erodes public faith in justice, and allows perpetrators to go unpunished.
“The state’s reluctance to even register an FIR has left the deceased’s parents helpless, forcing them to forgo closure over their son’s untimely death,” it said.
It would be unfair to Shinde’s parents, who come from the society’s poor strata, to be deprived of closure and also to citizens of a democratic country, it said.
India