Badlapur 'encounter' case: Bombay HC slams SIT for no FIR against five cops; 'very sorry state of affairs'

Mumbai: The Bombay High Court on Wednesday slammed the crime branch's Special Investigation Team for not registering an FIR against five policemen for the alleged encounter killing of Badlapur sexual assault case accused Akshay Shinde, noting it was a "very sorry state of affairs".

After the HC sternly observed that it would be constrained to initiate contempt proceedings, public prosecutor Hiten Venegaonkar assured the court that an FIR would be registered by the SIT by Saturday (May 3).

A bench of Justices Revati Mohite Dere and Neela Gokhale accepted Venegaonkar's assurance.

On April 7, the HC ordered the crime branch's joint commissioner Lakhami Gautam to form a special investigation team to probe the death of Shinde and register an FIR against the five policemen indicted in a magistrate's inquiry report for Shinde's death.

Last week, the high court strongly criticised the state Criminal Investigation Department (CID), which was initially probing the case, for not handing over the case papers to the SIT.

Pursuant to this, the CID on April 25 handed over all the papers to the SIT.

On Wednesday, when HC questioned if FIR was registered, public prosecutor Hiten Venegaonkar replied in the negative.

Irked by the reply, the bench said that when there was a cognizable offence made out, the police ought to have applied their mind and registered the FIR.

"There is a responsibility cast on the police. Do not let public faith in the system down. There is a dead body. It is an unnatural death. What more revelation do you want to lodge FIR?" HC questioned.

The bench said in the absence of non-compliance of its order it would be constrained to initiate contempt proceedings.

"This is pure scuttling of directives of this court. We are not satisfied. This is a very sorry state of affairs. We are now constrained to issue contempt," the bench remarked and asked the SIT to show some "dedication" and take the matter to its logical conclusion.

Shinde (24), accused of sexually assaulting two kindergarten girls at a school in Badlapur in Thane district, was shot dead inside a police van on September 23, 2024, while being taken to Kalyan from Taloja prison for probe in another case.

The escorting police team claimed they shot him in self-defence after he snatched the gun of one of the officials and opened fire. His parents, though, alleged he was killed in a fake encounter, and filed a petition in the high court seeking an independent probe.

An inquiry report by a magistrate indicted the five policemen, stating there was substance in the claim that it was a fake encounter.