Badlapur 'encounter' case: HC slams SIT for no FIR against five cops; 'very sorry state of affairs'
Mumbai, Apr 30 (PTI): The Bombay High Court on Wednesday slammed the crime branch's Special Investigation Team for not registering an FIR against five policemen for the alleged encounter killing of Badlapur sexual assault case accused Akshay Shinde, noting it was a "very sorry state of affairs".
After the HC sternly observed that it would be constrained to initiate contempt proceedings, public prosecutor Hiten Venegaonkar assured the court that an FIR would be registered by the SIT by Saturday (May 3).
A bench of Justices Revati Mohite Dere and Neela Gokhale accepted Venegaonkar's assurance.
On April 7, the HC ordered the crime branch's joint commissioner Lakhami Gautam to form a special investigation team to probe the death of Shinde and register an FIR against the five policemen indicted in a magistrate's inquiry report for Shinde's death.
Last week, the high court strongly criticised the state Criminal Investigation Department (CID), which was initially probing the case, for not handing over the case papers to the SIT.
Pursuant to this, the CID on April 25 handed over all the papers to the SIT.
On Wednesday, when HC questioned if FIR was registered, public prosecutor Hiten Venegaonkar replied in the negative.
Irked by the reply, the bench said that when there was a cognizable offence made out, the police ought to have applied their mind and registered the FIR.
"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 FIR?" HC questioned.
The bench said in the absence of non-compliance of its order it would be constrained to initiate contempt proceedings.
"This is pure scuttling of directives of this court. We are not satisfied. This is a very sorry state of affairs. We are now constrained to issue contempt," the bench remarked and asked the SIT to show some "dedication" and take the matter to its logical conclusion.
Shinde (24), accused of sexually assaulting two kindergarten girls at a school in Badlapur in Thane district, was shot dead inside a police van on September 23, 2024, while being taken to Kalyan from Taloja prison for probe in another case.
The escorting police team claimed they shot him in self-defence after he snatched the gun of one of the officials and opened fire. His parents, though, alleged he was killed in a fake encounter, and filed a petition in the high court seeking an independent probe.
An inquiry report by a magistrate indicted the five policemen, stating there was substance in the claim that it was a fake encounter.
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Teen killed in alleged honour killing over inter-community relationship, brother, his friend arrest
Manesar, Haryana: Police have arrested two men in connection with the sexual assault and murder of a 19-year-old woman in what investigators describe as a case of honour killing linked to her relationship with a man from another community.
According to the police, the crime was allegedly planned by the woman’s 28-year-old brother. He had sought the help of his 30-year-old friend to carry out the killing and the friend is accused of raping the young woman before murdering her.
The family, originally from Etah and Agra districts of Uttar Pradesh, had been living in Manesar, Haryana, for nearly six years, as reported by Hindustan Times. Police said tensions escalated after the brother discovered that his sister was in a relationship with a 24-year-old man from another community and intended to marry him. Opposed to the relationship, he sent her back to their family home in Etah on November 15.
The woman returned to Manesar on November 22 and began living with her partner. Assistant Commissioner of Police Virender Saini said this prompted the brother to plan killing her. Acting on his directions, the co-accused contacted the woman, posing as someone willing to help her elope and marry her partner.
Trusting him, the woman agreed to meet near Rampura Chowk on the night of December 10 and instead of assisting her, the accused allegedly took her to a secluded area in Gwalior. Police said she was sexually assaulted there and, when she resisted, was beaten and later strangled with her scarf. Her body was subsequently concealed under debris in a field.
Following the murder, both men fled to their native places. During the initial investigation, the brother allegedly tried to divert suspicion towards the woman’s boyfriend, who was briefly detained. He was later released after evidence established that the brother and his friend were present at the crime scene.
Police said the brother later confessed during questioning, while the co-accused acknowledged to the rape and murder. A case has been filed under the relevant provisions of the Bharatiya Nyaya Sanhita for murder, criminal conspiracy, and common intent. Officials stated that forensic evidence, such as DNA analysis, post-mortem discoveries, and medical tests, will be utilized to support the charges.
