Badlapur ‘Fake’ Encounter Case: Bombay HC Slams Maharashtra Police For Defying SIT Order

Bombay High Court

The Bombay High Court on Friday came down heavily on the Maharashtra Police and the State CID for failing to transfer case papers in the Badlapur ‘fake’ encounter case to a Special Investigation Team (SIT), as directed by the court on April 7.

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale expressed shock and anger at the state’s inaction, calling it a “brazen violation” of court orders and warned of initiating criminal contempt proceedings if compliance was not ensured immediately.

The court was informed by Amicus Curiae and Senior Advocate Manjula Rao that, despite clear orders, the State CID had not handed over the case documents to the SIT headed by Joint Commissioner of Police Lakhmi Gautam.

Furthermore, Justice Gokhale stated, “Whether you agree with the order or not, you are bound to follow it. You have filed an SLP, but there is no stay. The rule of law must be followed.”

The judges revealed they became aware of the non-compliance only after receiving a letter from a state-appointed Judicial Commission requesting access to the case papers. This confirmed that the SIT had still not received any documentation.

Justice Gokhale criticized the State CID for ignoring the court’s directives, calling it a fit case for contempt proceedings. She noted that even if the State had filed a Special Leave Petition (SLP) in the Supreme Court, the absence of a stay meant the High Court’s order remained binding.

Justice Mohite-Dere echoed the concern:“You cannot sit over a file for a month. There has to be some sanctity to court orders. This delay amounts to contempt.”

The court also questioned the SIT Chief for not informing the court of the non-compliance, stating he too could be held in contempt.

As a result, the bench ordered SIT head IPS officer Lakhmi Gautam and a State CID officer to remain present in court for the post-lunch hearing.

Case Background

On April 7, 2025, the Bombay High Court had ordered the formation of an SIT to investigate the alleged fake encounter of Akshay Shinde, an accused in the Badlapur school sexual assault case, who died in police custody on September 23, 2024.

The court had observed that Shinde died from bullet injuries inflicted by police while in custody, and emphasized the need for an impartial probe.

A magistrate’s report under Section 176 of the CrPC, submitted earlier this year, concluded that the force used by five policemen was unjustified, and that they were likely responsible for Shinde’s death. The report also stated that no fingerprints of the deceased were found on the weapon he allegedly used, raising questions over the police’s claim of firing in self-defence.

Despite the court’s serious observations and direction to hand over documents within two days, the State CID failed to comply.

Meanwhile, Shinde’s parents had earlier tried to withdraw their petition, citing delays in justice and harassment. They told the court they were forced out of their village and left to live on the streets.

In a separate hearing on February 7, the High Court had also expressed shock after learning that a Thane sessions court had stayed the findings of the magistrate’s report, which had earlier found substance in the family’s allegations.