The Supreme Court on Monday directed the Director General of Police (DGP), Maharashtra, to constitute a Special Investigation Team (SIT) to probe the alleged custodial death of Akshay Shinde, an accused in the sexual assault of two minor girls in Badlapur, Thane district.
A Bench comprising Justices Bela M. Trivedi and P.B. Varale instructed the State Criminal Investigation Department (CID) to hand over all case papers to the DGP within two days.
The directive came while modifying an earlier order of the Bombay High Court, which in April had ordered the formation of an SIT under the supervision of Joint Commissioner of Police Lakhmi Gautam. The State of Maharashtra had challenged this direction in the apex court.
Solicitor General Tushar Mehta, appearing for the State, submitted that while Maharashtra had no objection to forming an SIT, it preferred that the SIT be constituted under the DGP’s oversight.
Taking note of the seriousness of the allegations and the concerns raised by the High Court, the Supreme Court observed, “Having regard to the nature and seriousness of the allegations and concerns expressed by the High Court, we modify the order to the extent of constituting the SIT. We direct the SIT to be constituted by the DGP and officers selected by the DGP as deemed appropriate.”
The case pertains to the death of 23-year-old Akshay Shinde in September last year while in police custody. Police had claimed Shinde died in retaliatory firing when he allegedly tried to seize a weapon from one of the escorting officers. However, both a magisterial inquiry and forensic findings cast serious doubts on the official version, prompting judicial intervention.
Shinde’s parents had approached the High Court seeking an independent probe, despite later expressing reluctance to pursue the matter. The High Court, citing failure by the CID to register a custodial death FIR, had directed a probe by the SIT led by Gautam.
On Monday, the Supreme Court clarified that Shinde’s parents remain free to seek appropriate remedies before the Magistrate or Sessions Court if they have further grievances. With this, the top court disposed of the special leave petitions filed by the Maharashtra government.
