The Bombay High Court on Tuesday came down heavily on the Maharashtra police over the death of Badlapur sexual assault accused Akshay Shinde in an encounter on Monday.
The Division Bench of Justice Revati Mohite Dere and Justice Prithviraj Chavan questioned the Thane police’s claim that Shinde had snatched a policeman’s weapon, prompting the cops to open fire at him.
It was hard to believe that the police, who were trained in firing, could not overpower the accused, observed the High Court, adding that the policemen could have overpowered Shinde.
It further reprimanded the state police over their failure to protect the firearm, stating that an accused should normally be shot below the knee in such circumstances.
Noting that the claim by the police of this being an encounter seemed dubious, the Division bench observed that it could not be termed as an encounter. This was not an encounter.
The High Court further said that the police must ascertain whether Shinde had used a firearm in the past.
If the accused had pulled a gun, he must have had some idea of using the weapon. However, it was difficult to visualise something of this sort in the present circumstances, unless the safety option was kept open, noted the Division Bench.
The High Court made the observations while hearing a petition filed by Shinde’s father seeking a probe by a Special Investigation Team (SIT) into the encounter.
The counsel representing Shinde’s father sought registration of a case against the policemen and the preservation of CCTV footage related to the matter.
He said whenever a person died during a fake encounter, filing of an FIR was mandatory.
He submitted that the accused met his parents a day before the encounter and did not show any signs of performing such an act.
The accused sought details regarding his bail from his parents and even received money for essentials.
The Division Bench further questioned the police about the steps taken after the encounter.
It asked whether the scene of occurrence was sealed to prevent tampering. Whether the weapon was pistol or revolver, it further asked.
The Division Bench, while saying that it expected the police to conduct an impartial investigation into the matter, warned that if it saw something, it would be inclined to pass an order.
The High Court further directed the police to preserve the CCTV footage from the time Shinde emerged from the barrack and entered the van. It further ordered the preservation of the CCTV footage when the accused met his family in prison.
Rebuking the police for delay in handing over the investigation to the CID, the Division Bench pointed to the loopholes in the probe done so far.
Noting that time was of the essence in any investigation, the High Court said the delay would lead to suspicion among the public. It asked police as to what prevented them from handling the papers on September 24.
The Division bench then directed the police to collect the handwashes and other stuff by today itself.
The High Court further directed the police to collect the call data records of September 23 and 24 of all five persons, including four officers and Shinde.
Noting that it wanted an impartial probe, even though cops were involved, the Division Bench listed the matter for further hearing on October 3.
The matter pertained to alleged sexual assault of two kindergarten girl students by 23-year-old Akshay Shinde at a school in Badlapur in August this year. The accused was arrested by the Police and sent to judicial custody.
Shinde was taken into custody again from Taloja jail on September 23, in connection with a sexual abuse case registered by his wife.
While the accused was being taken to Thane, he reportedly snatched a gun from a constable and injured him before being fatally shot by another constable in the car. The investigation in the case was later transferred to the CID.