Introduction:

In a significant development, the Bombay High Court has mandated a Special Investigation Team (SIT) probe into the alleged fake encounter of Akshay Shinde, a suspect in the Badlapur school sexual assault case. The division bench, comprising Justices Revati Mohite-Dere and Dr. Neela Gokhale, emphasized the necessity of a thorough investigation, highlighting the state’s failure to fulfill its obligations. The court remarked that refusing to investigate undermines the rule of law, erodes public faith in justice, and allows perpetrators to go unpunished. The bench underscored that the police are duty-bound to adhere to the Lalita Kumari judgment and ensure the case reaches its logical conclusion.

Case Background:

Akshay Shinde, accused in the Badlapur school sexual assault case, was killed on September 23, 2024, in what his parents allege was a staged encounter. They filed a complaint the day after the incident, but no First Information Report (FIR) was registered based on their complaint. The parents, hailing from a poor background, expressed feelings of helplessness due to the state’s inaction, which they believe has compromised their quest for justice.

Court’s Observations:

The High Court, upon reviewing the inquiry report, expressed satisfaction that the encounter required a thorough investigation. The bench noted that closing the matter in the absence of the deceased’s parents would have been easy, but a constitutional court cannot ignore the state’s failure to fulfill its obligations. The court emphasized that denial or delay in investigation is as much injustice to the victim and society as to the accused. It highlighted that the concept of ‘fair and proper investigation’ means that investigation must be unbiased, honest, just, and in accordance with the law.

Court’s Directions:

The court ordered the constitution of an SIT under the leadership of Lakhmi Gautam, the Joint Commissioner of Police, Mumbai. The officer has been granted the liberty to select officers of his choice to constitute the SIT, which will be headed by a Deputy Commissioner of Police (DCP). The State CID has been directed to hand over all relevant documents to the SIT within two days. The court rejected the state’s request to stay the judgment for two weeks, emphasizing the urgency and importance of an impartial investigation.