Probe on Badlapur ‘encounter’: Supreme Court directs Maharashtra DGP to pick SIT

A view of the Supreme Court of India. File
| Photo Credit: The Hindu

The Supreme Court of India on Monday (May 5, 2025) directed the Director General of Police (DGP), Maharashtra, to pick a Special Investigation Team (SIT) to probe the alleged custodial death of Akshay Shinde, an accused in the sexual assault of two kindergarten school girls at Badlapur in Thane district.

A Bench of Bela M. Trivedi and P.B. Varale directed the State Criminal Investigation Department (CID) to hand over the case papers to the Director General of Police (DGP) in two days.

The State of Maharashtra had appealed to the Supreme Court against a direction of the Bombay High Court in April to set up an SIT supervised by Joint Commissioner of Police Lakhmi Gautam to investigate the custodial death.

Solicitor General Tushar Mehta, appearing for the State, said it had no objection whatsoever to the constitution of an SIT, but the probe body ought to be formed under the supervision of the DGP himself.

“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 appropriate,” the Supreme Court ordered.

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The High Court had found loopholes in the police’s claim that Shinde was killed in “retaliatory firing” in September last year after he tried to grab the gun of one of the posse escorting him.

The direction in April had come after Shinde’s parents approached the High Court seeking an independent enquiry into their son’s death in police custody. A separate magisterial inquiry report had picked holes in the police officers’ version that the 23-year-old died in retaliatory firing. The inquiry report had banked on forensics to counter the police version.

The High Court had ordered the SIT supervised by Mr. Gautam to take over the probe from the CID after it found that the latter had not registered an FIR of custodial death case despite repeated directions. The HC had strongly intervened despite Shinde’s parents voicing their reluctance to continue with the case.

On Monday, the apex court said the parents could still approach the competent Magistrate or the Sessions Court if they had any grievances. The top court disposed of the special leave petitions filed by the State of Maharashtra.