SC allows DGP to oversee SIT in Badlapur death case

NEW DELHI: Supreme Court on Monday modified an order by Bombay high court to constitute a special investigation team (SIT) under Lakhmi Gautam, the joint commissioner of police, Mumbai, to probe allegations against policemen in the Badlapur 'fake' encounter case and directed Maharashtra's director general of police (DGP) to supervise the probe.

Seeking modification of HC order, solicitor general Tushar Mehta , appearing for the state, told a bench of Justices Bela M Trivedi and P B Varale that the govt has no issue with the constitution of the SIT but submitted that it should be under the supervision of the DGP. Allowing the plea, the bench modified the high court's direction and said Maharashtra's DGP will constitute an SIT to probe allegations against five policemen for the custodial death of Badlapur sexual assault case accused Akshay Shinde.

Shinde, accused of sexually assaulting two minor girls at a school in Badlapur in Thane district, was allegedly shot in a police van on September 23, 2024, when he was being taken to Kalyan from the Taloja prison for questioning in another case.

Supreme Court said, "...it is directed that the SIT shall be constituted by the DGP consisting of officers as he may deem appropriate." It aso directed the state CID to hand over papers to the DGP in two days.

Bombay HC had ordered an FIR against five policemen and the setting up of an SIT under the supervision of JCP Lakhmi Gautam . Modifying the high court's direction, the apex court said the Maharashtra DGP would constitute the SIT which would continue the probe.

Since Shinde's father, who had moved the HC for an SIT or CBI probe into the death, had withdrawn himself from the proceeding before the HC, the SC bench decided not to issue a notice to him. "We may clarify that the complainant, if he has any grievance, may approach the competent court i.e the magistrate concerned or sessions court as the case may be for appropriate relief," the judges said.