The Supreme Court on Monday said Maharashtra's director general of police (DGP) will constitute an SIT to probe allegations against five policemen for the custodial death of Badlapur sexual assault case accused Akshay Shinde.
Shinde, accused of sexually assaulting two minor girls at a school in Badlapur in Thane district, was allegedly shot in a police van on September 23, 2024, when he was being taken to Kalyan from the Taloja prison for questioning in another case.
An apex court bench of Justices Bela M Trivedi and Prasanna B Varale passed the order on a plea filed by the Maharashtra government challenging the Bombay High Court's April 7 ruling.
The high court had ordered an FIR against five policemen for Shinde's custodial death and the setting up of a special investigation team under the supervision of Lakhmi Gautam, joint commissioner of police, crime, Mumbai.
Modifying the high court's direction, the apex court said the Maharashtra DGP would constitute the SIT which would continue the probe.
Solicitor General Tushar Mehta, appearing for Maharashtra, said the state has no objection to the setting up of an SIT but it should be constituted under the supervision of the DGP. The top court said if the complainant can approach the concerned trial court if he has any grievance.
A division bench of the high court had rapped the Maharashtra government for its "reluctance" to lodge an FIR, stating that such action undermines the state's legitimacy and the common man's faith in the criminal justice system.
When a prima facie offence is disclosed, it is mandatory to lodge a case, the bench noted.
The high court said it was satisfied that the case required a thorough investigation as it was undisputed that the deceased succumbed to bullet injuries inflicted by a police officer when he was in police custody.
Shinde's parent claimed their son was killed in a fake encounter.
The escorting police team claimed they had shot at Shinde in self-defence after he snatched the gun of one of them and opened fire. A magistrate inquiry report, however, dismissed their argument and indicted five police personnel.
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