The Bombay High Court on Wednesday raised some pertinent questions over the encounter in which the Badlapur sexual assault accused was shot dead in police custody. The high court was hearing a petition filed by Akshay Shinde’s father Anna Shinde who alleged that his son was killed in a fake encounter.
A division bench of Justices Revati Mohite Dere and Prithviraj Chavan said the incident could have been avoided, while calling for a fair and impartial probe into the circumstances surrounding the shooting.
"If we find that the investigation is not conducted properly, we will be constrained to issue appropriate orders," the court warned and scheduled the next hearing for October 3.
Akshay Shinde (24), who was accused of sexually assaulting two minor girls at a school in Badlapur, was shot dead in a police shootout on Monday. Shinde was being taken from Taloja Jail to Badlapur when he allegedly snatched the pistol of a police officer and opened fire. Police claimed that Shinde was killed in retaliatory firing.
"We are not suspecting the police on their activities but come clean on all aspects," the high court said. It also questioned why the case files have still not been transferred to the Maharashtra Crime Investigation Department (CID) for further inquiry.
“The preservation of evidence is crucial. Any delay raises doubts and speculation," the court noted.
The bench further suggested that the incident could have been avoided if police had attempted to subdue Shinde. Justice Chavan, citing his own experiences, noted that unlocking and opening fire from a pistol is not easy.
"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 court also picked holes in the police’s claim that Shinde was killed in retaliatory fire. "Ordinarily, the retaliation would be on the leg or arm. Why directly on the head? Does he (the police officer) not know where the shot has to be fired? It may have been spontaneous. The first reaction should have been to disarm him," it said.
The court demanded more details about the incident like whether it occurred at close range and the nature of the wounds inflicted. It also directed the police to preserve all relevant CCTV footage and the call data records of the officers involved.
