Bombay High Court orders speedy probe into killing of Badlapur sexual assault accused

The Bombay High Court on Thursday ordered an expedited magisterial inquiry into the killing of Badlapur sexual assault accused Akshay Shinde, who was recently shot dead by the Thane Police.

A Bench of Justices Revati Mohite Dere and PK Chavan called for the inquiry report to be submitted on the next hearing, November 18.

The Court said that it would wait for the report of the magisterial inquiry and then pass an order in the petition moved by Shinde's father.

"Law requires that when there is a custodial death, the investigation be conducted by the Magistrate. Let the investigation be conducted. We will wait for the report of the magistrate," the Court said.

Shinde was shot dead in an encounter by the Thane Police last month. His father has sought a Special Investigation Team (SIT) probe into the alleged fake encounter.

In the last hearing, the Court had raised several questions about the version of events narrated by the Maharashtra Police, including the manner in which the accused Akshay Shinde was shot and how four police officers were unable to overpower a single person.

Two kindergarten girl students were allegedly sexually abused by Shinde, a 23-year-old, at a school in Badlapur in August. He was later arrested 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 vehicle.

The probe in the case has been transferred to the CID.

During the hearing today, the Court at the outset asked about the progress of investigation since the last hearing.

Advocate General Dr Birendra Saraf in response said that the directions issued by the Court have been complied with.

The Court then asked whether the forensic expert had examined the vehicle in which the incident took place. It also observed that the circumstances surrounding the gunshot injury suffered by the policeman would also have to be probed.

Further, the Court advised the counsel representing the petitioner to not speak to the media.

"The less you speak, less you address the media, is always better. We are here to do justice to all," the Court.