The Bombay High Court on Monday mandated the registration of an FIR against five police officers linked to the custodial death of Akshay Shinde, accused in the Badlapur school sexual assault case. Justices Revati Mohite Dere and Neela Gokhale, forming a division bench, also ordered the formation of a Special Investigation Team (SIT) to conduct a thorough investigation.
The court expressed its dissatisfaction with the Maharashtra government’s hesitance to file an FIR, criticizing it for undermining the legitimacy of the state and eroding public trust in the criminal justice system. “Justice must not only be done but must also be seen to be done,” the bench remarked, stressing the need for a comprehensive investigation into the events leading to Shinde’s death, who reportedly died from bullet wounds inflicted by the police.
The court’s directive requires the joint commissioner of police’s crime branch to supervise the SIT under the leadership of a deputy commissioner of police. This move comes after a magistrate’s inquiry report, which supported the claims made by Shinde’s parents that their son’s death was a result of a fabricated encounter.
Despite the government’s request for a stay on the order, represented by counsel Amit Desai, the court proceeded without pause. The government had argued that an independent investigation by the state CID was already underway, and a retired Chief Justice of the Allahabad High Court was appointed to head a commission investigating the incident.
The incident in question occurred on September 23, 2024, when Shinde, who was accused of sexually assaulting two minor girls at a Thane district school, was shot dead during a police operation. He was being transferred from Taloja prison to Kalyan at the time. The police involved claimed self-defense, alleging that Shinde had grabbed a gun from one of them and opened fire.
