Badlapur encounter: PIL in Supreme Court seeks SIT probe

A public interest litigation (PIL) petition has been filed before the Supreme Court of India seeking the constitution of a Special Investigation Team (SIT) to probe the recent 'encounter' killing of Akshay Anna Shinde, the main accused in the Badlapur minor sexual assault case.

Shinde was shot dead by the Thane Police on September 23 after he allegedly grabbed a constable's gun while being taken to Taloja jail.

The Bombay High Court had recently expressed doubts over the police version and questioned whether the killing was actually an encounter as claimed by the cops.

The petition before the Supreme Court has been filed by Ghanshyam Upadhyay, a Mumbai lawyer, for a court-monitored probe into the incident by an SIT.

Other prayers made by Upadhyay include the following:

- The filing of a first information report (FIR) into the killing of Shinde;

- The SIT that may be constituted to probe the case should include officials from various investigating agencies, including retired officials and officials from the Central Bureau of Investigation (CBI);

- Police officials suspected of involvement in the encounter killing should be placed under suspension while the SIT probes the case;

- The Central government as well as the State governments should be ordered to ensure that police officers are kept in check through the use of body cams during the performance of police duties.

According to the plea, while the probe into the encounter killing could be handled by the CBI, there were apprehensions recently expressed even by the Supreme Court that the CBI has acted like a 'caged parrot' in some cases. Therefore, he has suggested that a SIT be constituted instead to investigate the matter, with officials from the CBI forming part of this team as well.

To ensure greater transparency and fairness in the investigation, the plea has further suggested that the SIT be led by a retired judge of the Supreme Court.

The Bombay High Court is already examining the matter related to Shinde's encounter with Shinde's father also seeking an SIT probe into the case.

The Badlapur sexual assault case concerns two two kindergarten children who were subjected to sexual assault at their school.

23-year-old Akshay Shinde was suspected of committing the crime. He was arrested by the police and sent to judicial custody.

On September 23, Shinde was taken into custody again from Taloja jail in connection with a sexual abuse case registered by his wife. While he 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.

Thereafter, the probe in the case was transferred to the Crime Investigation Department.