No basis for FIR against cops in Badlapur sexual assault encounter: State to HC

MUMBAI: The state government on Wednesday informed the Bombay high court that no basis had been found yet to register a first information report (FIR) against five policemen involved in the encounter killing of Akshay Shinde, who allegedly sexually assaulted two kindergarten girls in a school in Badlapur East in August 2024.

“We do not have a prima facie basis for registration of a first information report,” senior advocate Amit Desai, representing the state government, said in response to a question from the court about whether the state Criminal Investigation Department (CID) intended to register an FIR against the five policemen who were held responsible for the accused’s untimely death in a magisterial inquiry report.

“The department is still investigating the incident and further examination of some papers and a few witnesses is necessary before the it can reach a conclusion regarding registration of an FIR against the five officers,” Desai told the court.

The case stems from the sexual assault on two four-year-old students in August 2024 within the toilet of their pre-primary school in Badlapur East, Thane district, on August 12 and 13, 2024. Shinde, 24, who was employed as a cleaner in the school, was arrested on August 16, 2024. On September 23, he was shot dead in an encounter near Mumbra while being transported from Taloja jail to Thane in a police van for questioning in another case.

According to the police, Shinde had snatched a service pistol from an officer seated next to him in the van and fired three rounds, one of which hit an officer in the thigh. As he attempted to fire the weapon again, an officer shot him in the head, killing him instantly, the police claimed.

However, a judicial magistrate later submitted an accidental death report in the court which found the five police officers escorting Shinde guilty of using unnecessary force while handling the situation.

Desai submitted that no court intervention was required regarding registration of an FIR against the five officers. He cited the Supreme Court order in the People’s Union for Civil Liberties (PUCL) v/s state of Maharashtra case, which held that the police was not bound to register an FIR based on magisterial report(s) unless there was evidence on record showing they had not performed their duties.

Desai further said although the Lalita Kumari v/s state of Uttar Pradesh ruling of the apex court had laid down that the police must register an FIR as soon as they receive information about a cognisable offense, the state CID was awaiting certain papers before they could close the investigation and register an FIR.

Senior advocate Manjula Rao was earlier appointed as amicus curiae in the case to assist the court with deciding whether an FIR could be registered against the five policemen based on the magisterial report. Rao is expected to address the court on the matter during the next hearing.