The accused of sexual assault in the Badlapur encounter case died in custody, and the Bombay High Court criticised Mumbai police for their handling of the case, ruling that foul play was suspected and that the occurrence could not be “termed an encounter.” In addition, the accused, Akshay Shinde, was found dead at Shivaji Hospital, and the court ordered the police to save the CCTV footage from the moment he was released from custody.
Three police officers were hurt when Shinde, who is suspected of sexually abusing two girls at a Badlapur school, stole Assistant Police Inspector (API) Nilesh More’s weapon while being transported from Taloja jail to Badlapur. Shinde was subsequently shot and killed by police in retaliation.
“This is hard to believe,” the judge said after the state’s Chief Public Prosecutor gave a detailed account of the events. “Prima facie, there is foul play. A layman cannot fire a pistol, unlike a revolver which any tom, dick and harry can do. A weak man cannot load a pistol as it needs strength.”
The petition of Anna Shinde, the father of the accused, asking for a Special Investigation Team investigation into his son’s death in the “fake encounter” was being heard by the High Court. The petitioner stated that Shinde’s murder was motivated by the approaching Assembly elections.
Questions Surrounding the Accused’s Death
According to the court, the accused was not a “strong man” and could have been subdued by the four policemen once he fired the initial trigger. “This cannot be termed as an encounter. This is not an encounter,” the bench stated.
The judge went on to say, “You said the accused fired three bullets towards the police. Only one hit the cop. What about the other two? Was there any ricochet?” underscoring how difficult it was to believe the police narrative.
According to the two-judge bench, Sanjay Shinde, the police officer, should have followed protocol and pointed his gun at the accused’s hands or legs rather than his head.
“One of the officers was involved in an encounter? Ask the officer about it. How can we believe that 4 officers present in the vehicle couldn’t overpower a single man?” the court said.
The Chief Public Prosecutor spoke to the bench, saying, “The officer did not think this, and he just reacted. It was an on the spot reaction.”
The court directed the state to acquire Call Data Records (CDRs), including those of the police vehicle’s driver. The subject will be heard next Thursday. “We aren’t even remotely suspecting the activities of the police. We only want to know the truth. Just come clean,” the court stated.
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