Bombay HC orders FIR against 5 cops, SIT probe in Badlapur accused custodial death case

Mumbai: The Bombay High Court on Monday ordered an FIR against five policemen for the custodial death of Badlapur sexual assault case accused Akshay Shinde, who was allegedly shot dead in a police van, and setting up of an SIT, while pulling up the government for its "reluctance" in the matter. As a Constitutional court, the HC cannot remain "mute spectators" even though the parents of the deceased had said they do not want to pursue the case, a division bench of Justices Revati Mohite Dere and Neela Gokhale said. The parents of Shinde had claimed that their son was killed in a fake encounter. Rapping the Maharashtra government for its "reluctance" to lodge an FIR in the case, the bench said such action undermines the state's legitimacy and the common man's faith in the criminal justice system. Shinde, accused of sexually assaulting two minor girls at a school in Badlapur in Thane district, was allegedly shot dead in a police shoot on September 23, 2024, when he was being taken to Kalyan from the Taloja prison for questioning in another case.

The escorting police team had claimed they had shot at the accused in self-defence after he snatched the gun of one of them and opened fire. A magistrate inquiry report, however, dismissed their argument and indicted them. The government had contended that a separate FIR need not be registered as the magistrate's report contained mere findings and the state CID already probing Shinde's death. Shinde's parents had moved the high court claiming their son was killed in a fake encounter and sought a probe. The parents later said they did not wish to pursue the case further. The high court had noted that the state's reluctance to lodge an FIR in the case left the parents "helpless". On Monday, the bench directed the joint commissioner of Mumbai Police's crime branch Lakhmi Gautam to set up a special investigation team (SIT) to probe the case under the supervision of a deputy commissioner of police and register FIR. "After perusal of the magistrate's report, we are satisfied that the custodial death (of Shinde) requires thorough investigation as he had succumbed to injuries from bullets fired by the police," the court said. Police authorities are duty bound to adhere to the provisions of law and ensure that investigation is taken to its logical end when it prima facie discloses an offence, the HC said. "Justice must not only be done but seen to be done. We hope and trust that the SIT shall unearth the conspiracy and bring the case to its logical conclusion," the bench said.

The HC rejected the government's counsel Amit Desai's request to stay its order. The bench directed the state CID, which is probing the case as an accidental death, to hand over all case papers to the SIT within two days. The magistrate's inquiry report had indicted Senior Police Inspector Sanjay Shinde belonging to the Thane crime branch, Assistant Police Inspector Nilesh More, head constables Abhijeet More and Harish Tawade and a police driver Satish Khatal, and held them responsible for Akshay Shinde's custodial death. The report had found substance in the claims made by Shinde's parents that it was a fake encounter and had raised doubts about the policemen's claims of self-defence. The Maharashtra government had said the CID was conducting an independent investigation and the state has set up a commission under a retired Chief Justice of the Allahabad High Court to probe the incident. Desai had argued that an accidental death report was lodged and the state CID was conducting its investigation. Once the probe is over, a report will be submitted before the concerned court.

Under the provisions of law which mandates a judicial inquiry in cases of custodial death, a magistrate conducts an inquiry and submits the report to the HC..Senior advocate Manjula Rao, appointed by the court for assistance, said once a magistrate report has been submitted stating that it was an unnatural death, FIR ought to be registered. Shinde was arrested in August 2024 for allegedly sexually assaulting two minor girls inside the washroom of a school in Badlapur town of Thane district. He was an attendant at the school. The police claimed Shinde was killed in retaliatory firing after he snatched the gun of one of the police personnel in the van and opened fire at them. He was shot at by senior inspector Sanjay Shinde. Assistant police inspector Nilesh More, two constables and the police driver were also present in the van at the time of the shootout.