Today, On 7th April, The Bombay High Court ordered a Special Investigation Team (SIT) probe into the Badlapur encounter case. After the verdict, Special Public Prosecutor Amit Desai requested a two-week stay to move the Supreme Court. However, the court refused to grant the stay. The SIT will now begin its investigation without delay.
Mumbai: The Bombay High Court on Monday mandated a Special Investigation Team (SIT) to investigate the alleged “fake encounter” of Akshay Shinde, who was accused of a sexual assault in Badlapur.
The order was issued by a bench comprising Justice Revati Mohite Dere and Justice Neela Gokhale in response to a plea from the accused’s father.
The court had reserved its decision on March 13.
The SIT, led by a Deputy Superintendent of Police, will operate under the supervision of Mumbai’s Joint Commissioner of Police, Lakhmi Gautam. The court expressed its belief that a comprehensive investigation was essential, criticizing the State for not even registering a first information report (FIR) regarding the allegations of a fake encounter.
The bench remarked,
“A Constitutional Court cannot ignore the State’s failure to fulfill its obligations. 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 petitioner and his wife feeling helpless, forcing them to forgo closure over their son’s untimely death. Such negligence weakens public trust in institutions and compromises the state’s legitimacy. As a Constitutional Court, we cannot permit this and be mute spectators,”
The court emphasized the importance of restoring public confidence in law enforcement and the judiciary.
It stated,
“Lest the faith of the people in the administration of justice stand shaken. Denial of fair investigation or delay in investigation is as much injustice to the victim and society as to the accused. The concept of fair and proper investigation means that investigation must be unbiased, honest, just, and in accordance with law.”
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.
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.
The bench stated as it ordered the SIT investigation,
“Although it was easier to dispose of the petition, a constitutional court cannot be a mute spectator to this,”
Also Read: Badlapur Encounter Case: Petition Moved in Supreme Court Seeking to Form an SIT
It added,
“This course of action is warranted in the interest of justice, to advance the course of justice, and to uphold public confidence in the justice delivery system. The same is necessitated keeping in mind the adage justice must not only be served but also seen to be done.”
The court directed the State CID to provide all relevant materials within two days. Following the ruling, Special Public Prosecutor Amit Desai requested a two-week stay on the judgment to approach the Supreme Court, but this request was denied.