SC rejects plea seeking probe into ‘encounter’ of rape accused in Maharashtra’s Badlapur case

New Delhi, June 25 The Supreme Court on Friday disposed of a plea seeking registration of an FIR into the alleged police encounter of the minor girls' rape case accused Akshay Shinde in Maharashtra’s Badlapur.

The horrific rape case of two minor nursery-going girls, aged barely 3 and 5, in Badlapur town, the home district of then Chief Minister Eknath Shinde, in August last year, had shaken the collective conscience of the state. Shinde, who was soon arrested, was shot dead in September 2024.

A Bench of Justices B.V. Nagarathna and K.V. Vishwanathan refused to entertain the public interest litigation (PIL) filed directly before the top court under Article 32 of the Constitution.

However, the Justice Nagarathna-led Bench opined that the PIL litigant, if so advised, can approach the jurisdictional High Court for redressal of his grievances raised in the writ petition.

The plea filed by advocate Ghanshyam Dayalu Upadhyay sought directions for the formation of an SIT to ensure that the probe into alleged “killing” is carried out in a true, fair, impartial, unbiased and uninfluenced manner. It prayed that such an SIT should consist of officials of impeachable character drawn not only from the CBI (Central Bureau of Investigation) but also from other investigating agencies.

"In order to ensure further transparency and fairness in the investigation, such SIT needs to be headed by a retired Judge of the Supreme Court and the investigation is also monitored by the apex court and thereafter, strict actions are taken against policemen and all those who are involved in killing of the said accused by taking law into their hand," added the plea.

In August last year, the Bombay High Court took suo motu cognisance of the case, questioning why no action was taken against the Adarsh Vidya Prasarak Sanstha (AVPS) school.

During the case hearing, the HC had directed the Maharashtra government to ‘sensitise boys’ to build a safe environment for girls to grow in society.

The Badlapur case sent shockwaves across Maharashtra, triggering widespread public outrage in the wake of the sexual violence incidents.

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