In a significant rebuke, the Bombay High Court on Wednesday criticized the Special Investigation Team (SIT) of the crime branch for not filing an FIR against five policemen involved in the alleged encounter killing of Akshay Shinde, an accused in the Badlapur sexual assault case. The court described the lack of action as a “very sorry state of affairs.”
Justices Revati Mohite Dere and Neela Gokhale, presiding over the bench, expressed their dissatisfaction with the SIT’s progress, hinting at possible contempt proceedings if immediate steps were not taken. Public Prosecutor Hiten Venegaonkar, representing the state, assured the court that an FIR would be registered by the coming Saturday, which temporarily stayed the court’s hand.
The controversy began following the death of Shinde, who was accused of sexually assaulting two kindergarten girls in Badlapur, Thane district. Shinde was shot dead on September 23, 2024, inside a police van while being transferred for investigation in another case. The police team escorting him claimed the shooting was in self-defense after he allegedly snatched a gun and fired at them. However, his family contested the police narrative, labeling it a “fake encounter” and demanding an independent investigation.
Responding to a petition by Shinde’s parents, a magistrate’s inquiry found substantial evidence suggesting the encounter might have been staged, leading to the high court’s order on April 7. The court directed Joint Commissioner Lakhami Gautam of the crime branch to establish the SIT to investigate Shinde’s death and to take action against the implicated officers.
Last week, the court sharply criticized the state Criminal Investigation Department (CID) for its handling of the case and for delaying the transfer of case papers to the SIT. The CID complied with the court’s order on April 25, handing over the necessary documents.
On Wednesday, upon learning that an FIR had not yet been filed, the court expressed severe disappointment. “There is a dead body. It is an unnatural death. What more revelation do you want to lodge FIR?” questioned the bench, stressing the police’s duty to uphold public faith in the justice system.
