"This was not an encounter": Bombay High Court pulls up police for killing Badlapur sexual assault accused

The Bombay High Court on Tuesday grilled the Maharastra police for the killing of Badlapur sexual assault accused Akshay Shinde, who was shot dead in an encounter by the Thane Police on Monday.

A Division Bench of Justice Revati Mohite Dere and Prithviraj Chavan was hearing a plea moved by Shinde's father for probe by a Special Investigation Team (SIT) into the encounter.

The Court questioned the police claim that Shinde had snatched a cop's weapon prompting the cops to open fire at him.

The Court also slammed the cops for their failure to protect the firearm.

It added that normally the accused should be shot below the knee in such circumstances.

"How could we believe that the police, who were trained in firing, couldn't overpower the accused," the Court asked.

It stressed on the fact that the policemen could have overpowered Shinde and hence the claim by the police of it being an encounter seemed dubious.

"This can't be termed as an encounter.. This is not an encounter," the Court remarked.

It also said that the police must ascertain whether Shinde had used a firearm in the past.

"If he has pulled.. He must have had some idea.. it is difficult to visualise it.. unless the safety was kept open," the Court remarked.

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

The probe in case has been transferred to the CID.

During the hearing today, the counsel representing Shinde's father sought registration of a case against the policemen and preservation of CCTV footages related to the matter.

"It has been mandated that whenever a person is dead in a fake encounter an FIR has to be filed," it was argued.

The counsel also submitted that the accused had met his parents a day before the encounter and did not show any signs of performing such act he has been accused of by the police.

"He had sought details as to his bail and had even received money for essentials," the Court was told.

The Court also questioned the police in detail and asked about the steps taken by it after the encounter.

"Was the Scene of occurrence sealed to prevent tampering. Whether the weapon was pistol or revolver," it asked.

The Court said it expects the police to conduct an impartial investigation in the matter.

"We expect investigation to be impartial.. If we see something.. We will be inclined to pass an order," it said.

It also stressed that CCTV footage from the time Shinde emerged from the barrack and then entered the van must be ceased. It further said the CCTV footage of the day when his family had visited him also must be preserved.

The Court also pulled up for the police for delay in handing over the investigation to the CID, as it pointed to the loopholes in the probe done so far.

"Time is of the essence in any investigation. Delay will lead to suspicion among the public. What prevented you from handling the papers yesterday. It's 1:30 PM now. When are you going to collect handwashes and everything. We will record that you will do it today itself," it said.

The Court further said the call data records of all the five persons, that is four officers and Shinde, should also be collected of September 23 and 24.

"We want impartial probe even though cops are involved," the Bench underscored.

The matter will be heard next on October 3.