Badlapur Sexual Assault Case: FIR Still Not Filed Against 5 Cops In Akshay Shinde Custodial Death Despite Bombay HC, SC Orders

Mumbai: Exactly a month ago, on April 7, the Bombay High Court had directed the State government to follow Supreme Court guidelines and register an FIR against the five policemen found responsible for the custodial death of Akshay Shinde, the accused in the Badlapur sexual assault case.

The demand for registering an FIR followed the findings of a magisterial inquiry. The apex court’s directions mandate the registration of an FIR when a cognisable offence is disclosed.

Since then, a lot of water has flowed, but the Maharashtra government is yet to register the FIR despite being pulled up in open court by a HC division bench of Justice Revati Mohite-Dhere and Justice Neela Gokhale.

Chiding the State for its “reluctance” in filing the FIR, the HC had observed that the same would undermine the State’s “legitimacy” and erode public faith in the criminal justice system.

The HC had then handed over the probe from the State Crime Investigation Department (CID) to a Special Investigation Team (SIT) under the supervision of Joint Commissioner of Police, Crime, Mumbai, Lakhmi Gautam.

The CID was directed to hand over the papers within two days, and the SIT was to register the FIR.

However, as late as April 30, the CID had not handed over the papers to the SIT, prompting the HC to issue a warning of contempt. The HC had warned the CID to hand over the papers within two days. It directed the State to register an FIR or face contempt.

Public Prosecutor Hiten Venegaonkar had then assured the court, on instructions, that the FIR would be registered by May 2. As the deadline passed, the State filed an application before the High Court seeking an extension to do the needful. The same has not yet come up for hearing.

Meanwhile, the State’s appeal against the April 7 High Court order came up for hearing on Monday before the Supreme Court. Noting the seriousness of the case, the apex court refused to interfere with the HC order, but modified it to the extent that the SIT be formed under the supervision of DGP Rashmi Shukla.

Whether it is the CID, or the SIT supervised by Lakhmi Gautam or Rashmi Shukla probing the custodial death case, the State government is duty-bound to lodge an FIR against the five policemen found responsible for the “fake encounter.”

“Change of hands doesn’t matter. The State is bound by the High Court to register an FIR,” said a person in the know of the case. As per sources, the papers have been handed over to the DGP. The question now is: when will the FIR be registered?

The HC, on April 7, had underscored, “Refusal to investigate will allow perpetrators to go unpunished.”

Shinde, accused of sexually assaulting two minor girls at a school in Badlapur, was shot dead in a police van on September 23, 2024. He was being transported from Taloja prison to Kalyan for questioning in another case. The police claimed Shinde snatched a pistol and fired at them, prompting them to shoot in self-defence. However, his parents alleged he was killed in a fake encounter.

Senior inspector Sanjay Shinde reportedly fired the fatal shot. Assistant police inspector Nilesh More, two constables, and the police van driver were also present during the incident.