Badlapur ‘Encounter’ Case: Bombay HC Slams SIT For No FIR Against 5 Cops; ‘Very Sorry State Of Affairs’

The Bombay High Court on Wednesday came down heavily on the Special Investigation Team of the crime branch for failing to register a First Information Report against 5 police personnel in connection with the alleged fake encounter of Akshay Shinde, an accused in the Badlapur child sexual assault case.

The court warned it would be forced to initiate contempt proceedings if there was any further delay.

A division bench comprising Justices Revati Mohite Dere and Neela Gokhale expressed deep dissatisfaction over the SIT’s inaction, despite a clear court directive issued on April 7. That order had instructed the crime branch to form an SIT and lodge an FIR based on findings from a magistrate’s inquiry, which pointed to serious lapses and suggested the encounter may have been staged.

Public Prosecutor Hiten Venegaonkar informed the court that the FIR had not yet been registered, prompting sharp remarks from the bench. “There’s a dead body. It’s an unnatural death. What more is needed to file an FIR?” the court asked, underlining the police’s duty to act swiftly when a cognizable offence is evident.

Court Pulls Up Authorities

The judges criticised the state machinery for dragging its feet and observed that the delay amounted to undermining the court’s authority. “This is a clear attempt to scuttle the court’s directive. We are not satisfied. This is a very sorry state of affairs,” the bench stated. The court warned it would initiate contempt proceedings if the FIR was not filed by Saturday. Following this, Venegaonkar assured that the SIT would comply with the directive within the deadline.

CID’s Delay In Transferring Papers

Earlier, the Criminal Investigation Department (CID) had come under fire for not transferring the case records to the SIT on time. Only on April 25—over two weeks after the court’s directive—did the CID hand over all relevant documents to the investigating team.

Encounter & Controversy

Akshay Shinde, the prime accused in the sexual assault of two young girls in Badlapur, was killed on September 23, 2024, while being transported from Taloja prison to Kalyan. Police claimed Shinde had tried to snatch an officer’s weapon and was shot in self-defense. However, his family alleged he was murdered in a fake encounter and moved the High Court for an impartial investigation.

A subsequent inquiry conducted by a magistrate supported the family’s claims, leading to the indictment of five policemen involved in the escort.

Court Demands Accountability

Calling for “dedication” from the SIT, the High Court emphasised the importance of public trust in the justice system. “The police must not erode public confidence. It is their responsibility to act lawfully and without bias,” the bench observed.

The case will be closely monitored as the deadline for registering the FIR approaches.

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