Police tells Bombay High Court it will identify burial site for Badlapur sexual assault accused

The Maharashtra Police informed the Bombay High Court on Friday that it would identify a suitable, secluded location for the burial of the Badlapur sexual assault accused, who was killed in an alleged fake encounter by the Thane Police on Monday.

A Bench of Justices Revati Mohite Dere and MM Sathaye granted an urgent hearing after the accused's father filed an application seeking allotment of land for his son's burial.

During the hearing, Public Prosecutor Hiten Venegaonkar stated that the police are currently posted outside the petitioner's house to prevent any untoward incidents. However, he noted that efforts to find a burial ground have not borne fruit due to public statements made by some lawyers on social media.

The Court criticised this practice, with Justice Dere saying,

“What is this? Why are lawyers giving speeches? I don’t understand why you have to go out and give these speeches...Our endeavour is truth.”

Venegaonkar highlighted that the father's counsel made public statements suggesting there is no custom for burial and that the father wishes to bury the body only to enable exhumation after a potential change in government. He also mentioned that senior members of the community are opposing the burial.

Father's counsel Advocate Amit Katarnaware, however, refuted the allegations and submitted that he would be liable for contempt in the event he made such statement.

The Court warned that such public statements could jeopardise the father’s own case. It emphasised,

“The community won’t decide... it’s an individual choice. Nobody has the right to dictate how they want to dispose of the body. Law and order should be managed by the State.”

Venegaonkar further requested that the burial be limited to close family members and police due to public protests. The Court agreed, urging the father’s counsel to ensure that only immediate family members attend the burial.

The accused's father has also moved a petition seeking a Special Investigation Team (SIT) probe into the alleged fake encounter.

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.