The Supreme Court of India has recently modified a significant order passed by the Bombay High Court concerning the Badlapur 'fake' encounter case. On May 5, the Court altered the Bombay High Court's decision, which had directed the formation of a Special Investigation Team (SIT) to probe the allegations against five policemen involved in the controversial encounter.
Initially, the Bombay High Court had instructed the creation of an SIT under the supervision of Lakhmi Gautam, the Joint Commissioner of Police in Mumbai. However, the Supreme Court's modification shifted the responsibility for forming the SIT to the Director General of Police (DGP) of Mumbai, rather than under the supervision of Gautam.
The issue was brought before a bench of Justices Bela M. Trivedi and P.B. Varale, where Solicitor General Tushar Mehta, representing the State of Maharashtra, argued that the State had no objections to the SIT being formed but insisted it be under the guidance of the DGP.
The Court heard the submissions and emphasized the importance of proper supervision. Justice Bela M. Trivedi suggested that the SIT should either be directly supervised by the DGP or a nominee appointed by him. Justice Varale, meanwhile, questioned why the Bombay High Court had chosen the members of the committee, indicating that it should be left to the DGP’s discretion.
In its final ruling, the Supreme Court stated, “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.”
Further, the Court emphasized the importance of a proper investigation, taking into account the seriousness of the allegations. It stated, “We direct the SIT to be constituted by the DGP and officers selected by the DGP as deemed fit,” and ordered the State to hand over the necessary papers to the DGP for proceeding with the investigation.
The case began when the parents of a deceased individual filed a petition, alleging that their son had been killed in a staged encounter on September 23, 2024. The encounter followed the tragic sexual assault case involving the accused, who was allegedly killed under suspicious circumstances by the police. The parents maintained that the encounter was fake, with no evidence to support the police’s claim of self-defense.
In previous hearings, the judges of the Bombay High Court had criticized the state for its inadequate investigation into the case. They expressed doubts about the police’s claim, suggesting that it was hard to believe that five policemen could not overpower the accused during the encounter. The Court questioned whether the police could have avoided the deadly shootout.
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A significant turning point in the case occurred in January when a Magistrate’s report under Section 176 of the Criminal Procedure Code (CrPC) concluded that the police officers’ use of force was unjustified. The report also found that there were no fingerprints of the deceased on the gun allegedly used during the encounter, which cast further doubt on the police’s claims.
Despite the growing evidence, the parents of the deceased eventually chose to withdraw their petition on February 6, citing delays in obtaining justice. They also revealed that due to the ongoing case, they had been forced to leave their village and live on the streets, begging for survival.
Case title: THE STATE OF MAHARASHTRA v. ANNA MARUTI SHINDE|SLP(Crl) No. 6334/2025
