The Bombay High Court has ordered a Special Investigation Team (SIT) to probe the alleged fake encounter of a young man connected to the Badlapur school sexual assault case. This order came in response to a petition filed by the parents of the deceased, who claim their son was killed in a staged police encounter on September 23, 2024. The court strongly criticized the State for its reluctance to even register an FIR against the five policemen allegedly involved.
"Upon perusal of Enquiry Report, we are satisfied that the Encounter requires thorough investigation. Closing the matter in the absence of the deceased's parents would have been easy but a constitutional court cannot ignore State's reluctance even to register an FIR, which has left them helpless.. such conduct weakens public's faith... We cannot be mute spectators." — Bombay High Court
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A division bench comprising Justice Revati Mohite-Dere and Justice Dr. Neela Gokhale passed the judgment. The judges referred to the findings in a Magistrate's report and found sufficient grounds for a detailed investigation. The court highlighted that despite receiving a formal complaint from the victim’s parents, the authorities failed to act.
The court emphasized that the police are bound to follow the Supreme Court's ruling in the Lalita Kumari case, which mandates registration of an FIR in cases involving cognizable offenses. The judges stated that the law must be upheld and the case must be taken to its logical conclusion.
The court has directed the formation of an SIT under the leadership of Lakhmi Gautam, Joint Commissioner of Police, Mumbai. Gautam has been given full liberty to choose his team, and the SIT will be headed by an officer of the rank of Deputy Commissioner of Police (DCP). The State CID has been instructed to hand over all relevant documents and case papers to the SIT within two days.
"If the Petitioner doesn't come forward, the criminal law can be set into motion by anyone including the police... This will uphold the public's faith in justice delivery system... We hope and trust that the SIT will make every endeavour to take the case to its logical end." — Court remarked
The court also rejected the State's request for a two-week stay on the judgment, stating that delays in justice cannot be justified in such serious matters.
Earlier this year, a Magistrate had filed a report under Section 176 of the Criminal Procedure Code (CrPC), concluding that the force used by the five policemen during the encounter was “unjustified.” Despite this, the State did not initiate an FIR.
To assist the court in the legal aspects of the case, Senior Advocate Manjula Rao was appointed as Amicus Curiae. The court had sought her help to determine whether the police can register an FIR based on the Magistrate’s report and if the State is justified in waiting for the CID’s preliminary investigation to conclude before taking any action.
The State was represented by Senior Advocate Amit Desai, Public Prosecutor Hiten Venegavkar, and Additional Public Prosecutor Prajakta Shinde. They argued that the Magistrate's report did not contain any material that warranted the registration of an FIR. They maintained that the State CID was already conducting an independent investigation into the matter.
However, Rao pointed out that the day after the incident, the deceased’s parents had submitted a written complaint to the Director General of Police, Commissioner of Police, Thane, and the local police station. She emphasized that this complaint should have led to an immediate FIR, but the authorities chose not to act.
Following a detailed hearing of both sides, the High Court closed the matter and passed the order to set up the SIT, making it clear that justice must be served and public trust must be preserved.
