Badlapur Sexual Assault Case: SC Orders Maharashtra DGP To Form SIT For Probe Into Custodial Death Of Accused Akshay Shinde

Mumbai: The Supreme Court on Monday directed the Maharashtra Director General of Police (DGP) to constitute a Special Investigation Team (SIT) to probe the custodial death of Akshay Shinde, accused in the Badlapur sexual assault case, citing the seriousness of the allegations against five policemen.

A bench of Justices Bela Trivedi and Prasanna Varale modified the Bombay High Court’s April 7 order, which had directed Joint Commissioner of Police Lakhmi Gautam to form the SIT. The top court instead tasked DGP Rashmi Shukla to form the SIT under her supervision.

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. Police claimed Shinde snatched a pistol and fired at them, prompting them to shoot in self-defence. However, his parents allege 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.

The Supreme Court passed its order on a plea filed by the Maharashtra government challenging the High Court’s direction to appoint Gautam and register an FIR within two days. The High Court had also pulled up the state for the delay, terming it “a very sorry state of affairs.” On April 30, the HC bench of Justices Revati Mohite-Dere and Neela Gokhale warned the state to register the FIR or face contempt.

Solicitor General Tushar Mehta, appearing for Maharashtra, told the apex court the state had no objection to constituting an SIT but sought that it be done under the DGP’s supervision. The SC noted this submission in its order: “It is submitted by learned SG Mr. Mehta that the State has no objection with the SIT being constituted, but let it be constituted under the supervision of DGP, having regard to the litigations made in the case.”

“Hence, it is directed that the SIT shall be constituted by the Director General of Police, State of Maharashtra, comprising of the officers as he deems appropriate. The SIT shall be supervised by the Director General of Police himself or by the Officer nominated by him. The State CID shall do the needful for handing over the papers to the Director General of Police in two days,” the order read.

The top court also observed that complainant Anna Shinde, the deceased’s father, had withdrawn his petition before the High Court. “Since the respondent-complainant has already withdrawn himself before the High Court, we don’t see any reason to issue notice to the respondent,” the SC noted.

The court clarified that the complainant could approach the trial court if he had any grievance with the investigation.