HC slams SIT for delay in FIR over Badlapur rape accused’s alleged custodial death

MUMBAI: A “very sorry state of affairs,” the Bombay High Court remarked on Wednesday, as it criticised the crime branch’s Special Investigation Team (SIT) for failing to register an FIR against five policemen accused in the alleged custodial death of 24-year-old Akshay Shinde, the key accused in the Badlapur child sexual assault case.

The court’s sharp rebuke came after public prosecutor Hiten Venegaonkar admitted that the SIT had not filed an FIR, despite clear directions issued on April 7. The court warned that it would be “constrained to initiate contempt proceedings” if its orders were not followed. Following this, the SIT assured the bench that an FIR would be registered by Saturday, May 3.

A magisterial inquiry, concluded on January 17, had held five police personnel—senior inspector Sanjay Shinde, API Nilesh More, head constables Abhijeet More and Harish Tawade, and police driver Satish Khatal—responsible for Shinde’s custodial death.

The high court observed that the delay in lodging the FIR, despite a prima facie case and a magistrate’s report, amounted to defiance of its orders. “There is a responsibility cast on the police. Do not let public faith in the system down. There is a dead body. It is an unnatural death. What more revelation do you want to lodge an FIR?” the bench remarked.

Initially, Venegaonkar said the SIT was awaiting confirmation on whether Shinde’s parents wished to file the complaint. Later, it was informed that Inspector Mangesh Desai had been nominated as the complainant. His statement will serve as the basis for the FIR.

The bench, comprising Justices Revati Mohite Dere and Neela Gokhale, reminded the SIT that registration of an FIR is mandatory when a cognisable offence is disclosed.

On April 25, the CID, which initially handled the case, handed over all documents to the SIT. However, by April 30, the FIR was still not registered. Venegaonkar claimed the SIT lacked a copy of the magistrate’s report but assured the court of full compliance: “There are no two ways about it. The FIR will be filed.”

Akshay Shinde was arrested in August 2024 for allegedly sexually assaulting two four-year-old girls. On September 23, while being transported from Taloja jail to Thane in connection with another case, he allegedly snatched a police pistol and fired at officers. Police claim he was shot dead while trying to fire again. However, his father, Anna Shinde, moved the high court alleging a staged encounter.

Taking cognisance of the petition and the inquiry report, the High Court on April 7 directed the formation of an SIT and ordered registration of an FIR.

The matter will be heard next week to confirm compliance with the court’s directives.