Badlapur encounter: Bombay HC orders SIT probe, slams state for delay

The Mumbra bypass where Akshay Shinde was shot dead inside a police van. File Pic/Shadab Khan

Coming down heavily on the state government and Thane police for failing to register an FIR in connection with the alleged fake encounter of Akshay Shinde - an accused in the Badlapur POCSO case who was shot dead while being taken to Badlapur from Taloja jail - the Bombay High Court on Monday constituted a special investigation team (SIT) to investigate the case.

Despite the court's directions in January this year to register an FIR, no action was taken. In its order on Monday, the bench, comprising Justices Revati Mohite Dere and Neela Gokhale, stated, "A refusal to investigate a crime undermines the rule of law, erodes public faith in justice, and allows perpetrators to go unpunished. The State's reluctance to even register an FIR has left the petitioner [Shinde's father] and his wife feeling helpless, forcing them to forgo closure over their son's untimely death. Such negligence weakens public trust in institutions and compromises the State's legitimacy. As a Constitutional Court, we cannot permit this and be mute spectators."

Akshay Shinde

The court further observed, "This course of action is warranted in the interest of justice, to advance the cause of justice and to uphold public confidence in the justice delivery system. The same is necessitated, keeping in mind the adage ‘Justice must not only be done but seen to be done'."

The SIT

The court observed that since the state had failed and shown reluctance to even register an FIR, it was "left with no option but to constitute a SIT" under the supervision of Lakhmi Gautam, the current joint commissioner of police, crime, Mumbai.

The joint commissioner has been directed to form the SIT comprising officers of his choice from any department, with the team to be headed by a deputy commissioner of police. If the selected officers are from different departments or locations, they are to be relieved from their current duties to ensure their full involvement in the investigation. The State CID has been ordered to hand over all documents related to the accidental death report collected during its inquiry to the joint commissioner within two days.

A political banner put up in Borivli celebrating the killing of the alleged rapist on September 25, 2024. File pic

Accordingly, the SIT has been directed to take appropriate steps in accordance with the law, keeping in mind the court's observations and, in particular, the Supreme Court's judgment in the Lalita Kumari case. The court further clarified that if the petitioner does not come forward for the reasons cited, criminal law can still be set in motion by anyone, including the police. The court further observed that, upon perusal of the inquiry report, it was satisfied that the encounter case warrants investigation, noting that it is undisputed the deceased died due to bullet injuries inflicted by a police officer while in police custody.

State's obligations

"We must also explain why, despite the petitioner and his wife expressing their desire to withdraw the petition, we deemed it appropriate to proceed by appointing an amicus curiae. Closing the matter in their absence would have been easy, but a Constitutional Court cannot turn a blind eye to the State's failure to fulfil its obligations," the court stated.

Lashing out at the state government, the court remarked: "We note with anguish that the petitioner, who belongs to a poor section of society, had promptly lodged a complaint with the police on September 24, 2024. In February 2025, the petitioner and his wife informed us that, due to the delay in the matter and their dire financial condition - living on the streets with no source of income - they did not wish to pursue the petition any further.

Lakhmi Gautam, the current joint commissioner of police, crime, who will supervise the SIT; (right) Akshay Shinde, the accused

"However, the State cannot ignore or dismiss a grievance merely because the complainant or victim comes from an underprivileged background. If an offence has been committed, it is not just against an individual but against the State. It is the State's duty to act - if not on the basis of the petitioner's complaint, then at least on the findings of the inquiry report or other available information - and to take the matter to its logical conclusion. Any criminal offence is an offence against society, and the State is duty-bound to act as the guardian of human rights and the protector of the rule of law."

The magistrate report submitted before the court earlier this year concluded that the "force" used by five policemen during their altercation with the deceased was "unwarranted" and holds the officers "responsible" for his death. It further reveals that the fingerprints of the deceased were not found on the gun that police claimed he had used to fire. According to the report, the claim by the policemen that they acted in self-defence is "unjustified" and "raises questions."

Case background

Shinde, 24, was arrested in August 2024 for allegedly sexually assaulting two minor girls inside the toilet of a school in Badlapur. He was an attendant at the school. On September 23, 2024, Shinde was killed in an alleged police shootout near the Mumbra bypass while being taken from the Taloja prison for questioning in another case. The officials involved included Senior Police Inspector Sanjay Shinde of the Thane Crime Branch, Assistant Police Inspector Nilesh More, Head Constables Abhijeet More and Harish Tawade and a police driver.