**Bombay High Court Orders SIT Investigation into Encounter Death of Badlapur Case Accused**
The Bombay High Court has mandated the formation of a Special Investigation Team (SIT) to investigate the encounter death of Akshay Shinde, the primary suspect in the Badlapur school sexual assault case. The court has also instructed that a First Information Report (FIR) be filed against five police officers within two days regarding Shinde’s death.
Justices Revati Mohite-Dere and Dr. Neela Gokhale emphasized that the SIT will operate under the oversight of Joint Commissioner of Police Lakhmi Gautam in Mumbai. Gautam is authorized to select officers to form the SIT, which will be led by a Deputy Commissioner of Police.
This decision follows the Maharashtra government’s hesitance to file an FIR, which the court criticized. The judges stated, “A refusal to investigate a crime undermines the rule of law, erodes public faith in justice, and allows perpetrators to go unpunished.” They highlighted the emotional toll on the victim’s family, who feel powerless in the face of the state’s inaction regarding their son’s tragic death.
The court noted that Anna Shinde, Akshay’s father, had initially approached the court through his lawyer, Amit Katarnaware, but later sought to withdraw the plea. The bench remarked that dismissing the case without addressing the state’s failures would be inappropriate for a constitutional court.
The court has directed the state CID to provide all relevant documents to the SIT within two days. It also stated that if the petitioner does not pursue the matter, criminal proceedings can be initiated by anyone, including the police, to maintain public confidence in the justice system.
State advocate Amit Desai requested a stay on the High Court’s order, but this was denied by the bench. Akshay Shinde was accused of sexually assaulting two minor girls at a Badlapur school, an incident that sparked widespread outrage. He was reportedly shot dead by police after allegedly seizing a firearm and injuring an officer during transport from Taloja prison to Kalyan.
A magistrate’s inquiry had previously found the five policemen culpable for Shinde’s custodial death. During earlier proceedings, the state argued that it could not file an FIR against the officers based solely on the magistrate’s findings and was awaiting a report from the CID. The court appointed senior advocate Manjula Rao as amicus curiae to assist in the case, who asserted that the CID should have registered the FIR as soon as it became involved.
**FAQ**
**Q: What prompted the Bombay High Court to order an SIT investigation?**
A: The court ordered the SIT investigation due to the Maharashtra government’s reluctance to file an FIR regarding the encounter death of Akshay Shinde, the main accused in a high-profile sexual assault case, highlighting concerns over the rule of law and public trust in justice.
