Today, On 30th April, In the Badlapur accused encounter case, the Bombay High Court criticised the SIT for not filing FIRs against five police officers, calling it a “very sorry state of affairs” during the hearing.
Mumbai: The Bombay High Court criticized the crime branch’s Special Investigation Team for failing to file an FIR against five policemen involved in the alleged encounter killing of Akshay Shinde, an accused in the Badlapur sexual assault case.
The court described the situation as a “very sorry state of affairs.”
Public prosecutor Hiten Venegaonkar assured the court that an FIR would be registered by the SIT by Saturday.
A bench consisting of Justices Revati Mohite Dere and Neela Gokhale accepted Venegaonkar’s assurance.
On April 7, the High Court directed the crime branch’s joint commissioner, Lakhami Gautam, to establish a special investigation team to look into Shinde’s death and to file an FIR against the five policemen named in a magistrate’s inquiry report regarding his death.
Last week, the High Court strongly criticized the state Criminal Investigation Department, which was originally handling the case, for failing to transfer the case documents to the SIT.
When the High Court, On Wednesday, inquired whether an FIR had been filed, public prosecutor Hiten Venegaonkar answered negatively. Frustrated by this response, the bench stated that given the existence of a cognizable offense, the police should have taken the necessary steps to register the FIR.
The High Court questioned,
“There is a responsibility cast on the police. Do not let public faith in the system down. There is a dead body. It is an unnatural death. What more revelation do you want to lodge FIR?”
The bench indicated that if its orders were not complied with, it would have no choice but to initiate contempt proceedings.
Urging the SIT to demonstrate some “dedication” and bring the matter to a logical conclusion, the bench remarked,
“This is pure scuttling of directives of this court. We are not satisfied. This is a very sorry state of affairs. We are now constrained to issue contempt,”
The High Court, On April 7, 2025, had ordered a Special Investigation Team (SIT) probe against five police officers accused in the alleged fake encounter case in Badlapur.
The Court said that a full and fair investigation was necessary because it was clear that the person who died had been shot by a police officer while he was in police custody.
The Court also pointed out that crimes like this affect the whole society, and the public’s right to a proper investigation should not be ignored.
Shinde was arrested in August 2024 for allegedly sexually assaulting two kindergarten girls and was killed in an encounter with the Thane police on September 23, 2024.
Police claimed that Shinde attempted to grab a firearm from an officer and fired shots, leading to a retaliatory shooting.
However, a subsequent magisterial inquiry determined that Shinde’s death was unnecessary and held five police officers accountable.
Also Read: Badlapur Encounter Case: Petition Moved in Supreme Court Seeking to Form an SIT
Shinde’s family contended that, despite the inquiry’s findings, the State government did not file an FIR against the officers involved, citing an ongoing independent investigation by the State CID.
The court noted that the State’s inaction had compelled the parents to withdraw their petition, which the court ultimately rejected while continuing the case.