The Bombay High Court pulled up the Maharashtra government for failing to form an SIT and register an FIR against five cops in the Badlapur encounter case. The court warned of contempt action over the “deliberate attempt” to ignore its orders.
The Bombay High Court has recently come down strongly on the Maharashtra government for not following its clear directions regarding the Badlapur encounter case. In this case, Akshay Shinde, who was accused under the Protection of Children from Sexual Offences (POCSO) Act, was shot dead by the police while being transported from Taloja jail to Kalyan on September 23, 2024.
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The police had claimed that Shinde opened fire at them, and they retaliated, which led to his death inside the police van.
A bench of Justices Revati Mohite Dere and Dr Neela Gokhale expressed strong displeasure over the fact that even a month after the court had passed an order, the Maharashtra government had still not registered an FIR against the five police officers who were escorting Shinde and had not formed a Special Investigation Team (SIT). The court was upset because these directions were supposed to be carried out quickly and seriously.
On April 7, the court had directed that an SIT should be formed to investigate the encounter. This SIT was to work under the supervision of Joint Commissioner of Police, Lakhmi Gautam, in Mumbai.
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But even after a month, nothing had been done. The court noted that there was a “deliberate attempt” by the government to ignore or not follow the court’s order.
The judges were particularly upset with the Public Prosecutor of the state, Hiten Venegaonkar, who was representing the Maharashtra government in the matter.
The court said,
“First and foremost, this should not have happened.”
They added that there seemed to be a clear and deliberate effort by the authorities not to carry out the order, which was unacceptable.
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Originally, Akshay Shinde’s parents had filed a petition in court asking for a detailed SIT probe into their son’s death. However, later, they backed out from their request.
Still, the court did not let the matter go. It had made it clear that even if the parents refused to register an FIR, a police officer would be required to do so. This was to make sure that the truth behind the encounter could come out through a fair investigation.
Despite this, no FIR was filed. The court noted that 18 days had passed since the date when the FIR was to be filed—originally to be done within two days of the April 7 order—but nothing had been done. The investigating agency also failed to take any steps to move forward with the case.
Meanwhile, the Maharashtra government had filed a Special Leave Petition (SLP) in the Supreme Court against the Bombay High Court’s decision. But again, the High Court was not satisfied. It pointed out that the state had filed the SLP but had taken no action to get it listed or heard quickly.
The bench said,
“Had you been so aggrieved you ought to have moved the first court (of the Supreme Court) and sought an urgent hearing.”
The court also made it clear that just filing the SLP does not mean that the High Court’s order is put on hold.
The court strongly warned the prosecution that they had to follow the order, regardless of whether they agreed with it or not.
The bench said,
“Whether you agree with the order or not, you have to comply with it. Otherwise, we will be constrained to issue contempt.”
To make things more serious, the judicial commission set up by the state government, which was headed by former Chief Justice of Allahabad High Court, Justice Dilip Bhosale, had earlier asked for a report from the Magistrate. That Magistrate had found the five police officers responsible for the death of Akshay Shinde during the encounter.
Senior Advocate Manjula Rao, who is the Amicus Curiae (friend of the court) appointed by the bench, also told the judges that the order given on April 7 had still not been followed even after one month. This added to the court’s frustration.
In this entire matter, the Bombay High Court has shown a serious and strict attitude. The court clearly wants justice in the Badlapur encounter case and does not want the system to delay or avoid taking proper legal steps.
The statements made by the judges and the court’s reminders about legal duties show how serious they are about ensuring the rule of law is followed—even when police officers are involved.
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