The Maharashtra government has approached the Bombay High Court to contest a sessions court decision that put on hold a magistrate’s findings regarding the controversial police encounter of an accused in the Badlapur school sexual assault case. The government argues that the sessions court’s interim order was “wrong and illegal” and overlooked the ongoing High Court proceedings concerning the encounter.
The case, which has stirred significant public and legal scrutiny, involves the death of a school attendant who was accused of sexually assaulting two minor girls. He was shot dead under contentious circumstances by Thane police while being transported from Taloja prison to Kalyan for questioning on September 23, 2024. The police defended their action by claiming the accused had attempted to seize a gun from one of the officers, prompting them to respond with lethal force.
However, a magistrate’s investigation into the incident cast doubts on the police’s version of the events, suggesting that the officers might have been able to subdue the accused without resorting to deadly force. The inquiry criticized the police’s handling of the situation, leading to an indictment of five officers involved in the encounter.
Despite these findings, the Thane sessions court issued an interim order to suspend the magistrate’s report until a full hearing could be conducted, prompting the state government to seek intervention from the Bombay High Court.
Public Prosecutor Hiten Venegaonkar, representing the state, presented the appeal to a division bench comprised of Justices Revati Mohite Dere and Neela Gokhale. The matter is scheduled to be reviewed by Justice R N Laddha in a forthcoming session, expected in about two weeks.
The deceased’s father has also filed a petition, adding another layer to the complex legal proceedings that seek to address the various allegations and findings related to the case.
