Badlapur 'Fake' Encounter : Supreme Court Modifies Bombay HC Order On Probe Against Policemen, Directs DGP To Form SIT

The Supreme Court today (May 5) modified the recent order passed by the Bombay High Court directing the constitution of a Special Investigation Team (SIT) under the supervision of Lakhmi Gautam, the Joint Commissioner of Police, Mumbai, to probe into the allegations against five policemen in the Badlapur 'fake' encounter case. The order was modified to the extent that the SIT will now be constituted under the aegis of the Director General of Police, Mumbai. Before a bench of Justices Bela M. Trivedi and PB Varale, Solicitor General Tushar Mehta, appearing for the State of Maharashtra, submitted that the State has no issue with the constitution of the SIT but stated that it should be under the supervision of the DGP. SG Mehta also pressed for staying subsequent orders of the High Court directing second FIR to be registered and directing the handing over the papers to the SIT by the State CID.At the outset, Justice Bela suggested to SG Mehta: "Let it be conducted either by the DGP himself or any nominee."Justice Varale also remarked that the High Court ought not to have selected the members of the committee. The Court passed the order as follows: "The petitioners state of Maharashtra has approached this Court by filing SLP being aggrieved by the impugned order passed by the order to the extent of constituting the SIT in the manner directed in para 32, that is, under the supervision of Lakhmi Gautam, the Joint Commissioner of Police, Mumbai. It is submitted by learned SG Mr. Mehta that the State has no objection with the SIT being constituted, but let it be constituted under the supervision of DGP, having regard to the litigations made. Since the respondent-complaint has already withdrawn himself before the High Court, we don't see any reason to issue notice to the Respondent. Under such circumstances, having regard to the nature and seriousness of the allegations and concerns expressed by the High Court, we modify the order to the extent of constituting the SIT. We direct the SIT to be constituted by the DGP and officers selected by the DGP as deemed fit. The State shall do the needful in handing papers to DGP. We may clarify that the complaint, if he has any grievance, may approach the competent court that is the concerned magistrate or sessions court for appropriate relief. As a consequence, order dated April 30 or any order passed subsequently shall also stand modified. SLP stands disposed."The High Court passed the order in a petition filed by the parents of the accused in the Badlapur school sexual assault case, who was killed in an allegedly staged encounter on September 23, 2024. The parents claimed it to be a fake encounter case, alleging that their son was killed.In the initial hearings, the judges had pulled up the State for shoddy probe in the case and even prima facie opined that it was difficult for them to accept that the five police officers present in the van, could not 'overpower' the accused. The judges had further opined that the cops could have 'avoided the shootout.'Notably, in January, this year, a report was filed by a Magistrate under section 176 of the Criminal Procedure Code (CrPC), in which the Magistrate concluded that the force used by the five policemen in the altercation with the deceased was 'unjustified' and that these policemen were responsible for his death. As per the report, there were no fingerprints of the deceased on the gun, allegedly used by him to fire against a cop. It further stated that the police's stance that they fired in private defence was 'unjustified and under the shadow of suspicion.'However, the parents of the deceased told the judges that they do not wish to continue with the case and pursue it further as there was a 'delay in getting justice' to them. They had therefore, expressed their wish of withdrawing their petition, on February 6. It would not be out of place to mention that in December last year, the parents had told the bench that because of the instant case, they have been removed from their village and are forced to live on the streets and beg for their survival.Case Details: THE STATE OF MAHARASHTRA v. ANNA MARUTI SHINDE|SLP(Crl) No. 6334/2025

Badlapur 'Fake' Encounter : Supreme Court Modifies Bombay HC Order On Probe Against Policemen, Directs DGP To Form SIT

Gursimran Kaur Bakshi

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