Mumbai: The Bombay High Court expressed its deep dissatisfaction on Friday over the Maharashtra government’s failure to comply with its earlier directives in the custodial death case of Akshay Shinde, an accused in the Badlapur school sexual assault case. The court questioned why an FIR had not been registered against the five policemen allegedly involved, despite a clear order issued on April 7, reported the Tribune.
A division bench comprising Justices Revati Mohite Dere and Neela Gokhale warned of initiating criminal contempt proceedings if the state did not follow through with the court’s directions by the end of the day.
Calling the non-compliance a “brazen violation” of its orders, the court reminded the government that as per the Supreme Court’s judgment in Lalita Kumari vs Government of Uttar Pradesh, registration of an FIR is mandatory when a cognizable offence is disclosed.
The bench had previously directed the formation of a Special Investigation Team (SIT) under Joint Commissioner of Police (Crime), Lakhmi Gautam, with instructions to include officers of his choice and to be headed by a Deputy Commissioner. The court also ordered that all case files from the CID, which was earlier investigating the death, be transferred to the SIT within two days.
However, upon discovering that the files had not yet been handed over and no FIR registered, the bench issued a stern warning: “We are appalled. This is a brazen violation of our order. Criminal contempt proceedings will have to be initiated if the case papers are not transferred today itself.”
Public Prosecutor Hiten Venegaonkar informed the bench that the state government had filed a petition in the Supreme Court on April 9 challenging the High Court’s order, and the hearing was expected on May 5. The bench, however, pointed out that no stay had been granted by the apex court, and the government was still obligated to comply.
“The rule of law must be followed. You are bound to comply with our order. This amounts to contempt,” the court reiterated, warning that inaction would force them to issue contempt notices.
Akshay Shinde was killed on September 23, 2024, while being transported in a police van from Taloja Jail to Kalyan. Police claimed he snatched a gun and fired at them, prompting retaliation. His family, however, alleged it was a staged encounter. A magistrate’s inquiry later supported their claims, naming five police officials – Senior Inspector Sanjay Shinde, Assistant Inspector Nilesh More, Head Constables Abhijeet More and Harish Tawade, and police driver Satish Khatal.
The High Court made it clear that delaying justice by sitting on the files was unacceptable and emphasized that if the state had serious objections, it should have sought an urgent hearing from the Supreme Court instead of stalling action.
