High Court Orders FIR Against 5 Officers, Initiates SIT Probe in Badlapur Sexual Assault Case Accused’s Death

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 was 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.