Badlapur encounter: Bombay High Court refuses to accept encounter narrative; pulls up Thane police

Accused Akshay Shinde was arrested for the alleged sexual assault of two minor school children. He worked in the same school as a cleaner

Updated - September 25, 2024 10:43 pm IST - Mumbai

Parents of Badlapur sex abuse case accused Akshay Shinde are outside Thane’s Kalwa Hospital where his body was brought on September 24, 2024, a day after he was killed in a police encounter.

Parents of Badlapur sex abuse case accused Akshay Shinde are outside Thane’s Kalwa Hospital where his body was brought on September 24, 2024, a day after he was killed in a police encounter. | Photo Credit: PTI

The Bombay High Court on Wednesday (September 25, 2024) grilled the Maharashtra Police over the custodial death of Akshay Shinde, accused in the Badlapur sexual assault case. Shinde was allegedly shot dead in an encounter by Thane Police on Monday (September 23, 2024).

A day later, on Tuesday (September 24, 2024), his father, Anna Shinde, approached the High Court through advocate Amit Katarnaware and sought an urgent hearing. The petitioner alleged that his son was killed in a fake encounter, and if the matter is not heard urgently, evidence in the case will be destroyed. The petitioner sought a probe by a Special Investigation Team [SIT].

Advocate Katarnaware, on Wednesday (September 25, 2024) addressing a Division Bench of Justices Revati Mohite Dere and Prithviraj Chavan said, “This is a fake encounter case. My prayers are to order a probe into the murder, registration of an FIR against erring police officers, and preservation of the CCTV footage of Taloja Central Jail and any footage covering the incident spot.”

Incapable of escape

“The deceased was not in a state to attempt an escape and did not have the physical capacity to snatch a pistol from an officer. A few hours before the fake encounter, the deceased had met his parents. During the meeting, he had asked for ₹500 to buy food in the canteen and asked when he would get bail. My client believes that his son was killed in view of the forthcoming elections,” Mr. Katarnaware said.

That law mandates that whenever there is an encounter that is alleged to be fake, an FIR needs to be registered, Mr. Katarnaware continued. “We do have an alternative remedy to approach the Judicial Magistrate First Class to register an FIR. My client’s FIR is still not registered by the police. If the Home Minister and decision makers in the State are encouraging such justice, it will encourage police to commit more such crimes, and it will have an impact on our society.”

Mr. Katarnaware also mentioned that a day before the incident, a Protection of Children from Sexual Offences Act [POSCO] charge sheet was filed against the accused by the State. The main culprits of the POSCO case are shielded by those in power, he said and added, “The family wants to bury the body of the deceased, but they are not even getting land to perform the funeral rituals.”

Hard to believe

Representing the State of Maharashtra, Chief Public Prosecutor Hiten Venegavkar submitted to the Bench that the matter is being probed by the State Criminal Investigation Department [CID] and two FIRs have been registered, one under Section 307 of the “Indian Penal Code” and the other is an Accidental Death Report.

The bench asked Mr. Venegavkar to narrate the timeline of the crime, specify details of the crime scene,  CCTV footage, and post-mortem report. “When the incident happened, the deceased and the injured cop were immediately rushed to Chhatrapati Shivaji Maharaj Hospital in Kalwa, the nearest hospital. The body of the deceased was sent to J.J. Hospital at 8a.m., where the entire autopsy process was videographed. The post-mortem report mentioned bleeding as cause of death due to the bullet wound to the head. There was a scuffle, and the magazine of the pistol popped, and the weapon got loaded and was ready for shooting pistol was unlocked.”

The judges said, “This is hard to believe. Prima facie, this cannot be trusted. A layman cannot fire a pistol, unlike a revolver. A physically weak man cannot load a pistol as it requires strength. Why were the police so negligent and casual when they were escorting a man accused of serious offences? Was he not handcuffed? If the accused fired three bullets and only one hit the police, what happened to the other two bullets? We cannot believe that four police officers present inside the van, one of them an Assistant Police Inspector, failed to overpower a weak man and did not know how to react.”

The bench also questioned the public prosecutor on whether handwash samples of all the officers had been taken. “There are numerous gaps in the case. We need an impartial probe in this case, even if there are police officers involved. We want to know the truth. That’s it! An FIR must be lodged from both sides. Preserve the CCTV footage of the deceased’s parents, who had earlier submitted before the bench, that they met him a few hours before he was shot, and preserve call data records.”

The matter is adjourned till October 3, 2024.

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