Bombay HC demands fair, impartial investigation into death of sexual assault accused in Badlapur

The shooting could have been avoided if the police had first tried to overpower Shinde, the HC said. It was hard to imagine that he could have managed to take a policeman’s pistol and open fire.

Why was the defendant shot in the head and not first in the hands or legs? the court asked.

A bench comprising Justices Revati Mohite Dere and Prithviraj Chavan said if it found that the investigation was not being conducted properly, it would be compelled to pass appropriate orders.

The court scheduled the case for further hearing on October 3, by which time the police will have to take a decision on the complaint filed by Shinde’s father seeking an FIR against the police officials concerned.

“The investigation must be fair and impartial. If we find that this is not the case, we will be compelled to issue appropriate orders,” the court said.

The Supreme Court also ordered that all case files be immediately handed over to the Maharashtra Crime Investigation Department (CID), which would conduct an investigation into Shinde’s death.

“Why have the files not yet been handed over to the criminal police? Preserving evidence is of crucial importance. Any delay on your part would give rise to doubts and speculation,” the court said in its reasoning.

The court raised questions about the shooting and said it could have been avoided if the police had first tried to overpower Shinde.

The HC also asked why the accused was shot in the head instead of shooting his hands or legs first.

The court said there was no suspicion at present, but it was very difficult to believe that Shinde managed to take a policeman’s gun and open fire.

It is not very easy to unlock a gun and open fire, they said.

The court was hearing a petition filed by the father of Akshay Shinde, who was killed in a police shootout on September 24. In the petition, he demanded the setting up of a Special Investigation Team (SIT) to investigate the “fake encounter”.

Anna Shinde, in his plea filed through his lawyer Amit Katarnaware, claimed that his son was killed in a “fake encounter”.

The petition demanded the setting up of an SIT to investigate the murder and for the Supreme Court to monitor the investigation.

Shinde, 24, was accused of sexually abusing two minor girls at a school in Badlapur town in Thane district of Maharashtra.

He was brought to Badlapur from Taloja Jail in Navi Mumbai on Monday evening after an FIR was filed against him on the complaint of his ex-wife when the shooting that led to his death took place, police said earlier.

Akshay Shinde was killed near Mumbra Bypass in Thane when he allegedly snatched a policeman’s gun while he was being transported in a police vehicle during investigation into a case.

After he shot and injured an API, another officer of the police escort team shot at him and doctors at Kalwa Municipal Hospital declared him dead, police said.

The government said on Tuesday that the state CID would investigate Akshay Shinde’s death. PTI