Badlapur Encounter Case: Bombay HC Raps Maharashtra Govt As No FIR Registered Against Cops Despite Its Order
Mumbai: The Bombay High Court on Friday expressed severe displeasure over the non-registration of FIR, despite its orders, against the policemen responsible for the custodial death of accused in the Badlapur school sexual assault case. The court remarked that non-compliance of its order by the Maharashtra government sends a wrong message to the society.
A bench of Justices Revati Mohite-Dere and Neela, on April 7, had directed the Joint Commissioner of Police (Crime) Lakhmi Gautam to constitute a Special Investigation Team (SIT) to probe the custodial death and register FIR in two days as per the guidelines laid down the Supreme Court. The court has directed the State Criminal Investigation Department (CID), which was probing the case, to hand over all the investigation and related papers to Gautam.
On Friday, Gautam, who was present in the court, told the bench that he has constituted the SIT and they are awaiting the papers from the SIT. “We are awaiting papers. As soon as we receive (papers), we will start our investigation,” Gautam said.
The court remarked that it was “brazen violation” of its last order and it amounted to criminal contempt. If the court’s order is not complied with, then the same would “demolish the rule of law”. On a court query, Superintendent of Police of CID, Prashant Waghunde, said that he had not handed over papers on instructions of senior officers.
After the bench warned of contempt proceedings, additional director general of police of CID, Prashant Burde, appeared before the court through video conference, and assured that the case papers would be handed to Gautam by evening. The court accepted his statement and asked Wanghude to hand over the papers to Gautam by the end of the day.
Earlier in the day, the HC had said: “We are appalled. This is a brazen violation of our order. How can the state government not follow the orders passed by the high court? Criminal contempt proceedings will have to be initiated if the case papers are not transferred today itself," it said.
Public prosecutor Hiten Venegaonkar informed the court that the State had challenged the April 7 order before the Supreme Court and is likely to be heard next week. He requested the court to hear the matter thereafter.
The judges noted that if the apex court had not stayed its order then the government was bound to comply with it. “As on date there is no stay. You (State) have to follow the order. Whether you agree or don’t agree, you have to comply. Otherwise we will issue contempt,” the bench said.
The judges remarked that the State had not taken any steps to get its plea heard urgently by the apex court. “Despite that, the government has been sitting on the files,” the court said.
Akshay Shinde, the accused in a sexual assault case involving minor girls at a local school, was arrested by the Badlapur police. While lodged in Taloja Prison, he was taken into police custody on September 23, 2024, under a transfer warrant for a separate case filed by his wife.
During transit, he allegedly sustained firearm injuries and later succumbed to his wounds. The escorting police team claimed that they had shot at the accused in self defence after he snatched the gun of one of them and opened fire.
He was shot at by senior inspector Sanjay Shinde. Assistant police inspector Nilesh More, two constables and the police driver were also present in the van at the time of the shootout.
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