The Bombay High Court has directed the Maharashtra government to promptly file an FIR against five police personnel implicated in the controversial death of Akshay Shinde — the primary accused in the Badlapur school sexual assault case.
The bench of Justice Revati Mohite Dere and Justice Neela Gokhale has also ordered the constitution of a Special Investigation Team (SIT) to ensure an impartial probe, cautioning that failure to act may lead to contempt proceedings.
The bench expressed its dissatisfaction with the state’s hesitation in lodging a criminal case, despite a magistrate’s inquiry that pointed to possible foul play. The judges criticized the government’s delay, observing that such reluctance “shakes public confidence in the system and calls into question the very rule of law.”
Magisterial Report Exposes Contradictions
The court’s directives follow a detailed magisterial probe that disputed the police version of events. The report found no forensic evidence — such as fingerprints or gunshot residue — to support the police claim that Shinde had attempted to snatch a firearm and flee custody. These findings suggested that the encounter, which occurred on September 23, 2024, might have been staged.
Despite these serious inconsistencies, the state had maintained that it would await the conclusion of the CID’s internal investigation before taking further action. However, the court-appointed amicus curiae, Advocate Manjula Rao, strongly argued that the CID should have registered an FIR immediately upon assuming responsibility for the case, citing the magistrate’s findings as sufficient grounds.
SIT Formation and Judicial Rebuke
In light of the perceived inaction, the High Court has now instructed the Joint Commissioner of Police (Crime Branch) to form an SIT, emphasizing the need for a fair and independent investigation. The court reiterated that justice must not only be done but must be visibly upheld, especially when allegations point towards custodial misconduct.
The Court also made it clear that the judiciary will not remain a mute spectator in cases involving potential violations of fundamental rights. “The state cannot turn a blind eye when allegations of extrajudicial killings arise. The law must take its course, irrespective of who is involved,” the bench remarked.
Case Background
Akshay Shinde, 24, was under arrest for the alleged sexual assault of two minor girls at a school in Badlapur, Thane district. On the day of the incident, police claimed he attempted to escape while being transported from Taloja Jail to Kalyan, resulting in a fatal shooting. The narrative has since been challenged by forensic gaps and procedural irregularities revealed in the judicial inquiry.
Read More: RBI Allows Banks To Hike ATM Fees: New Charges Effective From May 2025
