Recently, the Bombay High Court came down heavily on the Maharashtra Police for not transferring the Badlapur 'fake encounter' probe to the SIT, as previously ordered. The bench of Justices Revati Mohite-Dere and Dr Neela Gokhale warned that such non-compliance amounts to criminal contempt, stressing that the filing of an SLP without a stay does not dilute the binding nature of the Court’s directions.
The matter pertains to an alleged staged encounter that took place on September 23, 2024, involving the accused in the Badlapur school sexual assault case. The parents of the deceased had approached the High Court, alleging that their son was wrongfully killed in police custody. In response, the Court, on April 7, 2025, directed the constitution of an SIT to probe into the conduct of five policemen allegedly involved. The SIT was to be headed by the Joint Commissioner of Police, Lakhmi Gautam, with liberty to select a team under a DCP. The State CID was specifically ordered to transfer all case-related materials to the SIT within two days.
During the hearing, Senior Advocate and Amicus Curiae Manjula Rao informed the Court that the State Police had failed to comply with the April 7 direction. The High Court Registry had received a request from a State-constituted Judicial Commission for the case papers, which revealed that the SIT was yet to receive them. This non-compliance prompted the Court's stern remarks.
Justice Neela Gokhale observed that, "You have filed an SLP but there is no stay on our orders, which means it still holds the ground. The rule of law must be followed... Whether you agree with the order or not, you have to comply with it. Otherwise, we will be constrained to issue contempt of court proceedings." Justice Revati Mohite-Dere echoed this view, stating, "Mere filing of an SLP is of no use... It's been almost a month now, you cannot sit over a file despite our orders. What prevents you from transferring the papers? Is there any sanctity to our orders or not? Are you not in contempt of our order?"
The bench noted with concern that the investigating agency not only failed to file an FIR but also did not act on the Court's direction to conduct a thorough probe. Justice Gokhale observed, "This is actually a brazen violation of our orders. Speaking for myself, this is a case where criminal contempt proceedings must be initiated." Justice Dere added that the SIT Chief, who had been appointed by the Court, should have informed the bench of the non-compliance. The bench summoned both SIT head Lakhmi Gautam and the concerned State CID officer to appear post-lunch.
The Court made it clear that further non-compliance will compel it to initiate criminal contempt proceedings. It emphasised that orders of the Court must be honoured irrespective of pending appeals, especially when no stay has been granted. The matter will continue to be monitored closely by the bench.
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