After HC rap, state CID hands over Akshay Shinde encounter case papers to SIT

MUMBAI: The Maharashtra State Criminal Investigation Department (CID) on Friday agreed to hand over investigation papers in the Akshay Shinde encounter case to the Special Investigation Team (SIT), following strong observations from the Bombay High Court over its non-compliance with an earlier order.

The decision came after Lakhmi Gautam, joint commissioner of police, Mumbai Crime Branch and head of the SIT, informed the court that the CID had refused to share the documents despite a clear directive.

Shinde, 24, was accused in the Badlapur sexual assault case and was allegedly shot dead by Thane police on September 23, 2024. Shinde was arrested on August 17, 2024, for allegedly sexually assaulting two four-year-old girls at a school in Badlapur, where he worked as a contractual sweeper.

On April 7, a division bench comprising Justice Revati Mohite Dere and Justice Dr Neela Gokhale had constituted the SIT to probe the encounter. The court had instructed the State CID to hand over all relevant case papers to the SIT, which was to begin its probe after registering an FIR.

However, with the CID yet to comply, the court summoned Gautam and senior CID officials to appear in person. During Friday’s hearing, the bench expressed dismay at the delay and questioned the CID’s intentions.

“This should have been done at the outset,” the bench observed. “The investigating officer ought to have registered an FIR. Once the transfer was ordered, what stopped you from handing over the papers? Are you not in contempt of court?”

The court also criticised the SIT for failing to inform it about the CID’s inaction. “When the officer was aware that the documents were not handed over, should he not have informed the court?” the judges asked.

Public prosecutor Hiten Venegaonkar, representing the state, informed the court that the CID had been contemplating challenging the April 7 order in the Supreme Court. “They believed the matter was sub-judice,” he said.

The court, however, dismissed this reasoning, pointing out that merely filing a Special Leave Petition (SLP) before the Supreme Court did not amount to a stay. “There is no stay on our order,” Justice Gokhale noted. “The rule of law must be upheld, irrespective of your opinion about the order.”

The bench further asked the CID to explain why contempt proceedings should not be initiated for failing to comply. “Why were the papers not handed over to the Joint Commissioner?” the judges asked.

Prashant Burde, Additional Director General of Police, State CID, who appeared via video conferencing, assured the court that the documents would be handed over to the SIT immediately.

The matter will be heard next on Wednesday.