Badlapur Sexual Assault Case: File FIR Or Face Contempt, Bombay HC Warns Maharashtra Govt Over Delay

Mumbai: Following a stern warning from the Bombay High Court about initiating contempt proceedings, the Maharashtra government on Wednesday assured that an FIR will be registered by May 3 in the custodial death of an accused in the Badlapur sexual assault case.

Terming the delay “a very sorry state of affairs”, a bench of Justices Revati Mohite-Dere and Neela Gokhale criticised the Special Investigation Team (SIT), constituted under the supervision of Joint Commissioner of Police Lakhmi Gautam, for failing to file the FIR despite taking over case papers last week.

The court’s censure came after public prosecutor Hiten Venegaonkar informed the bench that the SIT had not yet registered the FIR, despite the HC’s clear directions in its April 7 order.

“Admittedly there is a cognisable offence. You have to comply with the directions. Only option is to issue contempt,” the bench said. Following this, Venegaonkar assured the FIR would be registered by May 3.

Initially, Venegaonkar submitted that the SIT was waiting to see if Akshay Shinde’s parents wished to be complainants. He later clarified that Inspector Mangesh Desai of the Mumbai Crime Branch had been nominated to file the complaint. “He (Desai) will go through the case papers after which his statement will be recorded as the complaint and FIR will be registered by May 3,” he told the court.

The bench accepted this assurance and scheduled the next hearing for compliance on May 5.

On April 7, the HC had directed the formation of an SIT to investigate Shinde’s custodial death and to register an FIR against five policemen found responsible in a magistrate’s inquiry report. The court emphasised that once a cognisable offence is disclosed, registration of FIR is mandatory as per Supreme Court rulings.

Last week, the HC had also pulled up the CID for failing to hand over case documents to the SIT.

“There is a responsibility cast on the police. Do not let public faith in the system down. There is a dead body. It is an unnatural death. What more revelation do you want to lodge FIR?” the court questioned.

“This is pure scuttling of directives of this court. We are not satisfied. This is a very sorry state of affairs. We are now constrained to issue contempt,” the bench warned, urging the SIT to show “dedication” and bring the matter to its logical end.

When asked what the SIT had done since receiving the papers on April 25, Venegaonkar said it had not received the magistrate’s inquiry report indicting the five officers.

The court then directed the Registrar (Judicial) to open the sealed envelope containing the report and provide copies of all documents and electronic records to the SIT. Originals will be handed over against acknowledgment; copies will remain in safe custody.