Badlapur custodial death: After HC rap, state police say will register FIR by May 3
This came after the HC said delay in registering FIR despite its April 7 verdict and April 25 order was “scuttling of the directives” and there was a responsibility cast on the police to ensure that the “public faith in the system is not eroded”.
A 23-year-old janitor, arrested in August 2024 for the alleged sexual assault of two minor girls at a school in Badlapur in Thane district, was shot dead while he was being transported in a police vehicle on September 23 last year.
After the Bombay High Court slammed it for delay in registeration of FIR over the custodial death of Badlapur sexual assault case accused, the Maharashtra government on Wednesday said that it will register an FIR by May 3.
This came after the HC said delay in registering FIR despite its April 7 verdict and April 25 order was “scuttling of the directives” and there was a responsibility cast on the police to ensure that the “public faith in the system is not eroded”.
The state government’s lawyer assured the court that FIR will be registered at the instance of Police Inspector Mangesh Desai from the Crime Branch, who will act as a complainant.
The bench of Justices Revati Mohite- Dere and Neela K Gokhale said that once FIR is registered, it was open for the designated officer from the Special Investigation Team (SIT) to collect from HC registry the documents, electronic records from sealed envelope including magisterial enquiry report and copies of the same shall be forwarded to the state-appointed judicial commission.
A 23-year-old janitor, arrested in August 2024 for the alleged sexual assault of two minor girls at a school in Badlapur in Thane district, was shot dead while he was being transported in a police vehicle on September 23 last year.
The magistrate’s Accidental Death Report (ADR) submitted to the high court in January found that five police officers, including a police driver, were responsible for the death of the accused and “found substance” in “false encounter” allegations.
On April 7, the HC ordered formation of SIT and directed police to conduct a probe by following principles laid down by the Supreme Court in Lalita Kumari case, which includes mandatory registration of an FIR.
On Wednesday, the HC expressed displeasure over the delay in registration of FIR and state’s claim that it cannot do so without examining magistrate’s findings.
Public Prosecutor Hiten Venegaonkar for the state government submitted that so as to enforce court’s order in “letter and spirit”, FIR can be registered after going through the magistrate enquiry documents or if aggrieved parents of the deceased had come forward to file a complaint.
He informed that as per HC’s April 25 order, the CID had transferred probe papers containing 70 files and the SIT will go through the same.
“There has to be faith in the rule of law. It is not just about the merits of the matter. Police are there to unearth the truth. There is a responsibility cast on you (Police) and us. Do not let the public faith in the system not be eroded,” the bench responded.
The judges went to remark orally, “By now FIR ought to have been registered. We kept the matter today (April 30) to enable you to take steps in accordance with law. Idea was to set law in motion. Admittedly there is a cognisable offence, you have not registered FIR, only option is to issue contempt of court. We are not satisfied.”
“The cognisable offence was not revealed? There was a dead body and an unnatural death. What other revelations do you want? Can you not register FIR based on statements you receive? You have to apply your mind. How can the report help you now? That will help you during the course of enquiry/investigation. We cannot even understand. This is pure scuttling of orders/directives of this court,” the bench said.
An hour later, Venegaonkar took instructions from the concerned officials and informed the court that an FIR will be filed by May 3 at the instance of the crime branch officer.
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