The Bombay High Court on Wednesday queried the Maharashtra government about its intentions to file an FIR against five police officers involved in the controversial encounter killing of a school sexual assault accused in Badlapur. The court’s inquiry comes in the wake of a magistrate’s report that raised doubts about the authenticity of the encounter, suggesting it might have been staged.
The accused, a school attendant charged with sexually assaulting two minors, was allegedly killed in a police shootout in September last year while being transferred from Taloja prison to Kalyan for questioning. The police team escorting him claimed the shooting was in self-defense after he supposedly snatched a gun and fired at them. However, the magistrate’s inquiry into the custodial death presented findings that contradicted the police narrative, hinting at a possible ‘fake encounter.’
During the hearing, Justices Revati Mohite Dere and Neela Gokhale pressed the state government for a direct response on whether it plans to act on the magistrate’s report by registering an FIR against the involved officers. “Once that the report has come, our question is whether it is incumbent on the State to register an FIR or not. Today the question is whether the State proposes to lodge an FIR or not? Say yes or no,” the court demanded.
Responding on behalf of the state, Senior Counsel Amit Desai argued that an independent investigation was already underway, conducted by both a state-appointed inquiry commission and the state CID. Desai contended that the ongoing investigations were sufficient and that the observations from the magistrate’s report alone did not necessitate the registration of an FIR. “The state is carrying out its independent investigation and based on that it will come to a conclusion on whether a chargesheet needs to be filed or a closure report based on whether or not a cognizable offence is made out,” Desai explained.
The case has drawn significant attention, not only due to the nature of the alleged crimes but also because of the implications surrounding the use of lethal force by police. The bench has appointed senior advocate Manjula Rao as amicus curiae to assist in determining the legal necessities following the magistrate’s findings, including the potential necessity for an FIR based on the inquiry’s conclusions.
