Today, On 25th April, The Bombay High Court slammed the state government for not registering an FIR against police officers in the Badlapur accused encounter case, calling it a “brazen violation of our order.” The Court warned that criminal contempt proceedings would be initiated if the case papers were not transferred immediately.
Mumbai: The Bombay High Court strongly criticized the Maharashtra government on Friday for failing to register an FIR against five police officers regarding the custodial death of Akshay Shinde, who was accused in the Badlapur school sexual assault case.
This came despite the court’s clear orders. On April 7, the High Court stated that when a prima facie offence is evident, it is compulsory for the police to file a case.
The court had established a special investigation team led by Lakhmi Gautam, Joint Commissioner of Police, Crime, and directed the state Criminal Investigation Department (CID) to provide all relevant case documents to Gautam within two days.
During the hearing, Justices Revati Mohite Dere and Neela Gokhale expressed their shock at the non-compliance with the court’s order.
The court stated,
“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,”
Justice Dere shared similar sentiments, stating that the State cannot disregard the Court’s order simply because a Special Leave Petition (SLP) has been filed.
She commented,
“Mere filing of an SLP is of no use. It’s been almost a month now, you cannot sit over a file despite our orders. What prevents you from transferring the papers? Is there any sanctity to our orders or not? Are you not in contempt of our order? Also, the officer (SIT Chief appointed by the bench) ought to have informed us about this non-compliance. He too is in contempt. As said by my sister (J Gokhale), this is a fit case (for contempt).”
The matter was scheduled for further hearing later that afternoon, and the court warned that if the government did not take action to comply with the April 7 order that day, it would consider initiating criminal contempt proceedings.
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.