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 in a police van, and setting up of an SIT, noting that a prima facie offence is disclosed.
A division bench rapped the Maharashtra government for its “reluctance” to lodge an FIR, stating that such action undermines the state’s legitimacy and the common man’s faith in the criminal justice system.
When a prima facie offence is disclosed, it is mandatory to lodge a case, the bench of Justices Revati Mohite Dere and Neela Gokhale noted.
The bench said it was satisfied that the encounter required a thorough investigation as it is undisputed that the deceased succumbed to bullet injuries inflicted by a police officer when he was in police custody.
“We are of the opinion that a cognisable offence is disclosed, and as such, the police are duty-bound to proceed in adherence with the law. Reasonableness and credibility of the information are not conditions precedent for registering an FIR,” the bench said.
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, the bench said.
The parents of Shinde had claimed that their son was killed in a fake encounter.
“When a prima facie offence is disclosed, it is mandatory for a case to be lodged. When a cognisable offence is disclosed, the police are duty-bound to proceed in adherence with the law. Reasonableness and credibility of the information is not a condition precedent for registration of an FIR,” the bench said.
Shinde, accused of sexually assaulting two minor girls at a school in Badlapur in Thane district, was allegedly killed 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 five police personnel.
Slamming the government for its “reluctance” to lodge an FIR, the bench said such action undermines the state’s legitimacy and the common man’s faith in the criminal justice system.
The bench added that a Constitutional court cannot ignore the state’s failure to fulfil its obligations and remain mute spectators.
The bench directed the joint commissioner of Mumbai Police’s crime branch Lakhmi Gautam to form an SIT under a DCP and register FIR.
The court said it was confident that the SIT would unearth facts and conduct a fair and impartial investigation from all angles, uninfluenced by anyone.
After the order was pronounced, senior counsel Amit Desai, appearing for the government, sought a stay but the court refused.
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