Badlapur custodial death: SC modifies Bombay HC order; Maharashtra Police chief to probe matter now

Hearing the appeal, a bench of Justices Bela M Trivedi and PB Varale mentioned that the state of Maharashtra had approached them against the Bombay High Court order which directing setting up of an SIT under Lakhmi Gautam and comprising officers of his choice.

The order stated, “The learned Solicitor General, Mr. Mehta has fairly submitted that the State has no objection if the SIT is constituted, however, let the same be constituted under the supervision of the Director General of Police, State of Maharashtra, having regard to the allegations made in the case.”

It added, “Under the circumstances and having regard to the concern expressed by the High Court, we deem it appropriate to modify the impugned order to the extent it has given directions with regard to constituting the SIT.”

“Hence, it is directed that the SIT shall be constituted by the Director General of Police, State of Maharashtra, comprising of the officers as he deems appropriate. The SIT shall be supervised by the Director General of Police himself or by the Officer nominated by him. The State CID shall do the needful for handing over the papers to the Director General of Police in two days,” the order added.

“As a consequence of this order, the order dated 30.04.2025 passed by the High Court or any order passed subsequent to the impugned order shall also stand modified accordingly,” the order added. On April 30, the Bombay High Court had passed an order asking the SIT to register an FIR in the in case to which the SIT had assured the court that it would do so by Saturday.

The Bombay High Court had earlier come down heavily on the Maharashtra Criminal Investigation Department (CID) and the Mumbai police SIT for refusing to register a First Information Report (FIR) in the Badlapur custodial death case, even though the magistrate’s report stated that it was a fake encounter.

Meanwhile, the Opposition has alleged that the encounter carried out before the Maharashtra Assembly polls last year was done at the behest of some leaders in the Mahayuti government, a charge that was denied by the dispensation.

The Bombay High Court earlier asked the Mumbai police SIT to register an FIR in the case by Saturday, but police said since the matter was listed for hearing on Monday, the government had approached the HC Bombay High Court seeking a few more days to register an FIR in the matter.

Amit Katarnaware, who earlier represented the parents of Akshay Shinde, who was killed in the encounter, said that the SC order had not mentioned anything about the registration of the FIR that had earlier been directed by the Bombay HC.

Shinde, 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. His parents approached the Bombay High Court, which formed an SIT under the supervision of Gautam to probe the matter.