FIR Will Be Lodged In Badlapur Fake Encounter Case: Maha Govt Tells Bombay HC After Warning Of Contempt Action Over Delay

After dragging it's feet over lodging of an FIR in the Badlapur Fake Encounter Case, the Maharashtra Police on Wednesday told the Bombay High Court that it will be lodging an FIR in the case, latest by Saturday (May 3).

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale accepted the statement made by Public Prosecutor Hiten Venegavkar who told the judges that by Saturday an FIR would be lodged in the encounter case. 

This comes after the bench warned of Contempt of Court proceedings against the State Police and also the court-appointed Special Investigation Team (SIT) for not complying with the court's April 7 order, by which the judges had ordered SIT probe into five policemen alleged to be involved in the 'fake' encounter case. The Court had in that order noted that the encounter required thorough investigation, as it was undisputed that the deceased succumbed to bullet injuries inflicted by a police officer, when he was in police custody. The Court had underscored that such crimes affect the entire society and thus the legitimate interest of the society in the investigation could be easily brushed aside.

It had ordered the constitution of an SIT under Lakhmi Gautam, the Joint Commissioner of Police, Mumbai. The officer has been given the liberty to select officers of his choice to constitute the SIT and the team would be headed by a DCP. State CID was directed to hand over all papers to SIT within 2 days.

In a hearing held on April 25, the bench was irked to note that the State CID did not hand over the case papers to the SIT and then after a day-long hearing and warning of Contempt of Court proceedings, the CID agreed to hand over all the papers to the SIT. 

On Wednesday, when the matter was called out the prosecutor informed the judges that the SIT has not yet lodged any FIR in the case as it is awaiting the deceased's father to come forward as a complainant and file a formal complaint. 

However, the bench reminded the prosecutor of the fact that the father had already refused to pursue the case citing the 'delayed justice' for his son and that it was now for the SIT to Suo motu lodge the FIR and proceed with the probe. 

But Venegavkar told the judges that the SIT requires either a formal complainant or the documents relied upon by the Magistrate in his Enquiry, in which he concluded that the force used by the five policemen in the altercation with the deceased was 'unjustified' and that these policemen were responsible for his death. As per the report, there were no fingerprints of the deceased on the gun, allegedly used by him to fire against a cop. It further stated that the police's stance that they fired in private defence was 'unjustified and under the shadow of suspicion.'

The submission irked the judges, who explained Venegavkar that the SIT will have to apply its own mind and lodge an FIR as nothing new turns out from the documents. It pointed out that admittedly a cognizable offence is committed and thus the SIT must lodge an FIR and commence it's own independent probe.

"We only want an independent, fair and impartial probe not influenced by anyone. The Police, the courts every one is here for unearthing the truth... We all have some responsibilities. Do not let the faith of the public in the system, erode," Justice Mohite-Dere told the State. 

Despite the court's observations, Venegavkar urged the judges to hand over the documents relied by the Magistrate for drawing inference against the five policemen in its Enquiry Report. 

Irked over the stand, the judges warned of issuing Contempt of Court proceedings against the State.

"We have no alternative but to reject your prayer... We are sorry... These are very sorry state of affairs...Admittedly a congizable offence is committed... You ought to have complied with our orders... We have no option but to initiate contempt proceedings...." a visibly enraged Justice Gokhale remarked. 

Weighing in, Justice Mohite-Dere remarked, "All this is sheer misuse of this court's time."

Finally, after being pulled up and warned of contempt action, the prosecutor sought a pass over and spoke to the senior officers only to return with a statement that the SIT has nominated an officer Mangesh Desai, who would be a formal complainant in the case and based on his complaint, an FIR will be lodged. 

Background:

The petition was filed by the parents of the accused in the Badlapur school sexual assault case, who was killed in an allegedly staged encounter on September 23, 2024. The parents claimed it to be a fake encounter case, alleging that their son was killed.

In the initial hearings, the judges had pulled up the State for shoddy probe in the case and even prima facie opined that it was difficult for them to accept that the five police officers present in the van, could not 'overpower' the accused. The judges had further opined that the cops could have 'avoided the shootout.'

However, the parents of the deceased told the judges that they do not wish to continue with the case and pursue it further as there was a 'delay in getting justice' to them. They had therefore, expressed their wish of withdrawing their petition, on February 6. It would not be out of place to mention that in December last year, the parents had told the bench that because of the instant case, they have been removed from their village and are forced to live on the streets and beg for their survival.

In a hearing held on February 7, the bench was 'shocked' after noting that a sessions court in Thane had stayed the findings of the Magistrate, which concluded that there was 'substance' in the allegations made by the parents of the accused in the Badlapur Sexual Assault Case that their son was killed in a 'fake encounter.'