Mumbai, The Bombay High Court on Monday ordered the Maharashtra government to register an FIR against five policemen who were held responsible for the custodial death of Akshay Shinde, the accused in the Badlapur school sexual assault case.
A division bench of Justices Revati Mohite Dere and Neela Gokhale directed the joint commissioner of police’s crime branch to set up a special investigation team to probe the case.
The bench rapped the government for its “reluctance” to lodge an FIR in the case and said such action undermines the state’s legitimacy and also the common man’s faith in the criminal justice system.
“After perusal of the magistrate’s report, we are satisfied that the custodial death requires thorough investigation as he had succumbed to bullet injuries fired by the police,” the court said.
“Justice must not only be done, but seems to be done, We hope and trust that the SIT shall unearth the conspiracy,” the bench said.
Police authorities are duty bound to adhere to the provisions of law and ensure that investigation is done and taken to its logical end when it prima facie discloses an offence, the HC said.
The court directed the joint commissioner of police’s crime department to form a special investigation team under the supervision of a deputy commissioner of police and register FIR.
The court also refused to grant a stay on its order as sought by the government’s counsel Amit Desai.
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.
An inquiry report by the magistrate had indicted the five policemen and held them responsible for the custodial death.
The report stated there was substance in the claims made by Shinde’s parents that it was a fake encounter.
The police officials are – 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.
The Maharashtra government had said that the state CID was already carrying out an independent investigation and that the government had also set up a commission under a retired Chief Justice of the Allahabad High Court to probe into the incident.
Senior counsel Amit Desai, appearing for the government, had said once the CID probe was over, a report would be submitted before the concerned court.
The escorting police team claimed that they had shot at the accused in self-defence after he snatched the gun of one of them and opened fire.
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