New SIT to probe Badlapur Encounter after Supreme Court changes HC order, says no need for fresh FIR

After the Supreme Court issued directions for the same, a new Special Investigation Team (SIT) has reportedly been formed to investigate the alleged fake encounter killing of Akshay Shinde, the accused in the Badlapur sexual assault case..On May 5, a Bench of Justices Bela Trivedi and PB Varale had modified the High Court's direction on the constitution of the SIT.Earlier, on April 7, the High Court had ordered that an SIT probe be carried out under the supervision of Mumbai Joint Commissioner of Police Lakhmi Gautam. Notably, it had also slammed the Maharashtra government for failing to even register a first information report (FIR) into the allegations of a fake encounter.The State had moved the Supreme Court to modify the High Court's directions in certain respects. On May 5, the top court said that the SIT shall be constituted by the Director General of Police (DGP) of Maharashtra and shall comprise officers he deems fit. The DGP will also supervise the probe, not the Joint Commissioner, the Court said. "It is directed that the SIT shall be constituted by the Director General of Police, State of Maharashtra, comprising of the officers as he deems appropriate. The SIT shall be supervised by the Director General of Police himself or by the Officer nominated by him. The State CID shall do the needful for handing over the papers to the Director General of Police in two days," the Supreme Court said in its order of May 5..Interestingly, on May 6, the Court modified the May 5 order on an oral request by Solicitor General Tushar Mehta, who represented the Maharashtra government. By the May 6 order, the Court clarified that no new FIR need be filed for the alleged fake encounter case, and that the SIT can proceed based on the FIR already filed against the accused/ deceased man. "At the oral request made by the learned SG Mr. Tushar Mehta, following be added in para 7 of the order dated 05.05.2025 passed in SLP (Crl.) No. 6334/2025:- 'We may clarify that registration of second FIR is not needed.' The original order be corrected accordingly," the Court said in its May 6 order..Both the May 5 and May 6 orders of the top court were passed without any notice to the respondents since the complainant, the father of the deceased man, had already withdrawn himself from the proceedings before the High Court. .Earlier, the High Court had held detailed hearings spanning over four months before passing orders for an SIT probe and for FIR registration.It had, on May 2, also sharply criticised the Maharashtra police for its delay in filing an FIR, despite clear directive by the Bench..Shinde, who was arrested in August 2024 for allegedly sexually assaulting two kindergarten girls, was killed in an encounter by the Thane police on September 23, 2024.The police claimed that Shinde attempted to snatch a firearm from one of the officers and opened fire, prompting a retaliatory shooting. However, a magisterial inquiry later concluded that Shinde’s death was unnecessary and held five police officers responsible.The Thane Magistrate had submitted a detailed report on the encounter.As per the report, the incident occurred in a moving vehicle and the police could have 'easily handled the situation' without resorting to force.This report was filed in a sealed cover and submitted before the High Court Bench of Justices Revati Mohite Dere and Neela Kedar Gokhale..The report supported allegations made by Shinde's parents that he may have been killed in a false police encounter. The Court eventually constituted an SIT to probe the encounter case. Despite that, no FIR was registered, prompting further censure from the Court. Eventually, on April 30, the State assured the High Court that it will register an FIR by May 3.It then appealed to the Supreme Court against the High Court order. .[Read May 6 Order].[Read May 5 order]