Badlapur accused encounter killing: Bombay HC expedites magisterial enquiry into death

The probe concerns the death of, Akshay Shinde, who had been arrested for purportedly sexually assaulting two 4-year-old girls at a school in Badlapur East

Mumbai: The Bombay High Court on Thursday hastened the investigation into the alleged extrajudicial killing of Akshay Shinde, who had been arrested for purportedly sexually assaulting two 4-year-old girls at a school in Badlapur East. The court's decision came after Shinde's lawyer requested a timeline for the inquiry.

Akshay Shinde was accused of sexually assaulting two minor girls at a school in Badlapur town of Thane district.

A division bench comprising Justice Revati Mohite-Dere and Justice Prithviraj Chavan ordered the judicial magistrate investigating the alleged police encounter to submit their report by November 18, when the bench will next hear the petition filed by Anna Shinde, the father of the deceased accused.

Emphasising the need for a thorough investigation, the bench stated, "Law requires that whenever there is a custodial death, the investigation is to be conducted by a judicial magistrate. Let the investigation be conducted expeditiously. We will wait for the report of the magistrate."

Advocate General Birendra Saraf informed the court that the case papers had been forwarded to the relevant judicial magistrate for the statutory inquiry. He added that the court's previous directions had been followed, with the State Crime Investigation Department (CID) now investigating the alleged encounter.

During the hearing, the judges inquired about the medical examination of the police officer allegedly shot by Shinde, requesting his medical report to ensure a comprehensive probe. They were informed that Nilesh More was being treated in a private hospital.

The bench also questioned whether CID officers had seized the water bottle given to the accused before the alleged scuffle. This query related to the police claim that Shinde's handcuffs were removed after he requested water in the police van where the encounter occurred. When police officers responded negatively, the judges asserted that the water bottle was crucial evidence.

"All evidence related to the case should be collected, preserved and checked by forensic experts," the judges stated, emphasising the importance of strong forensic evidence in the investigation.

Akshay Shinde, 24, arrested on 16 August for allegedly sexually assaulting two 4-year-old girls at a pre-primary school where he worked as a cleaner, was shot dead by Thane police crime branch on September 23 during an encounter while being transported from Taloja jail.

The police claimed Shinde snatched a service pistol from an officer sitting next to him and fired three rounds, one of which struck the officer's thigh. They alleged that as Shinde aimed at other officers, one fired a single round, killing him instantly.

Shinde's father, however, termed the police encounter "fake" and claimed his son was killed for political reasons. In his petition, Anna Shinde sought a court-monitored probe by a special investigation team (SIT) into the encounter killing.

His counsel, Amit Katarnaware, highlighted that approximately an hour before the Thane crime branch took custody of Akshay, his parents met him at Taloja jail. The deceased had asked them to send money for food in prison, which the counsel argued did not indicate a violent state of mind.

The court has set November 18 for the next hearing, awaiting the judicial magistrate's report on the alleged extrajudicial killing.