Bombay HC calls for impartial probe into police shooting of Badlapur suspect

Mumbai, Sep 25 (PTI) The Bombay High Court expressed concerns on Wednesday regarding the police shooting of Akshay Shinde, the accused in the Badlapur school sexual assault case, stating that the incident could have been avoided and emphasised the necessity for a fair and impartial probe.

A division bench comprising Justices Revati Mohite Dere and Prithviraj Chavan also raised pertinent questions over the manner in which the shoot out was executed.

The bench said while it was not impugning the police's integrity, it insisted on the importance of clarity in the investigation.

It also stressed the necessity for a fair and impartial investigation into the circumstances surrounding the shooting.

During the proceedings, the court underscored its expectation that the police would address all aspects of the case transparently.

"If we find that the investigation is not conducted properly, we will be constrained to issue appropriate orders," the bench warned.

The court scheduled the next hearing for October 3, by which date the police are expected to decide on a complaint filed by the father of the deceased, requesting a First Information Report (FIR) against the involved police officers.

"We are not suspecting the police on their activities but come clean on all aspects," the bench said.

It also directed the immediate transfer of all case files to the Maharashtra Crime Investigation Department (CID) for further inquiry.

"Why have the files not been handed over to the CID yet? The preservation of evidence is crucial. Any delay raises doubts and speculation," it stated.

The judges raised pointed questions about the circumstances of the shooting, suggesting that it may have been preventable if police had attempted to subdue Shinde before the incident escalated.

The bench said while it was not raising any suspicion at this stage, it was very hard to believe that Shinde managed to seize a pistol from a police officer and opened fire.

The bench also noted that the officer who shot at Shinde was a police inspector who has experience on how to react in such a situation.

"Ordinarily, the retaliation would be on the leg or arm. Why directly on the head? Does he (police) not know where the shot has to be fired? It may have been spontaneous. The first reaction should have been to disarm him," the bench said.

The court said it is not very easy to unlock and open fire from a pistol.

They questioned the rationale behind shooting him in the head rather than aiming for a less lethal area, such as the legs or arms.

"It is difficult to believe that Shinde could have seized a pistol from a police officer and fired it," said Justice Chavan, referencing his own experience with firearms.

Justice Chavan said he has used a pistol several times and it is very hard to use.

"This is very hard to believe. I have fired a pistol a hundred times. It is hard to unlock and fire. We are not suspecting at this stage but just looking at the possibilities. Revolver is easier. Any Tom, Dick or Harry can do it. But a pistol is very hard to fire," Justice Chavan said.

The bench said the incident could have been avoided as the escorting team were officers from the Thane police's crime branch.

"It could have been avoided. Four officers were there in the vehicle. One of the officers was involved in encounters in the past. Four officers couldn't overpower the accused? How can we believe that they couldn't overpower the accused. Accused was not hefty or strong. You all could have overpowered him," the court said.

The court was hearing a petition filed by Shinde's father, Anna Shinde, who claimed that his son was killed in a "fake encounter." The petition requested the formation of a Special Investigation Team (SIT) to investigate the shooting, with oversight from the high court.

Justice Chavan noted the apparent negligence of the police escorting Shinde, questioning their failure to prevent him from seizing a weapon.

"What are the standard operating procedures when handling an accused in a serious crime?" he asked. The bench highlighted that four officers from the Thane police's crime branch were present at the time, casting doubt on their inability to control the situation.

The court also sought clarification on the specifics of the shooting, including whether it occurred at close range and the nature of the wounds inflicted.

It directed the police to preserve all relevant CCTV footage and the call data records of the officers involved, as well as to collect forensic samples from both Shinde and the police personnel to check for gunshot residue.

Advocate Amit Katarnaware, representing Shinde's family, alleged that Akshay had met with his parents on the day of his death and expressed concerns about his bail, indicating he was not in a state of mind to resort to violence.

Public Prosecutor Hiten Venegaonkar assured the court that police would coordinate with local authorities to assist Shinde's family in arranging for his last rites.

Shinde, 24, was facing allegations of sexually assaulting two minor girls at a school in Badlapur, Thane district. He was being transported back to Badlapur from Taloja jail when the shooting incident occurred, leading to his death.

The incident happened on Monday evening when he was being ferried in a police vehicle as part of a probe into a case registered against him on the complaint of his estranged wife, police said.

The case has raised serious questions about police protocols and the handling of suspects in custody. PTI SP GK SKL NP