Manas Dasgupta
NEW DELHI, Sept 25: The Bombay High Court on Wednesday expressed strong reservations in accepting the police version of “encounter killing” of the Badlapur sex assault accused Akshay Shinde even while emphasising that the investigation into the shootout leading to his death must be carried out “in a fair and impartial manner.”
The High Court asked tough questions to police about the circumstances leading to the 24-year-old’s death. The court was hearing a petition by Shinde’s father Anna Shinde who has alleged that his son was killed in a fake encounter and has demanded a probe by a Special Investigation Team.
The shootout could have been avoided if the police had tried to overpower Shinde first, the HC said, adding it was very hard to believe that he managed to seize a pistol from a police officer and open fire. The court also asked why the accused was directly shot in the head, and not on hand or legs first.
Akshay Shinde was accused of sexually assaulting two minor girls at a private school in Badlapur where he worked as a sweeper. The police have claimed that he was being taken from Taloja Jail to Badlapur on Monday when he snatched a policeman’s pistol and opened fire. An assistant inspector was injured and Shinde was killed in retaliatory firing.
Addressing the bench of Justice Revati Mohite Dere and Justice Prithviraj Chavan, petitioner Anna Shinde’s counsel said the accused met his parents a day before the incident and was in no mental state to perform any of the acts alleged by the police. “In the present case, the police is deciding who is convicted. The rule of law must prevail. This is setting a bad example (and) encouraging police to commit such…,” the counsel said, seeking a court-monitored probe into Shinde’s death.
When the court questioned the cause of death, the state government’s counsel replied, “bullet wound on the left thigh.” The public prosecutor said the pistol allegedly snatched by Shinde could be unlocked in two ways. “One way is pulling the upper portion, the deceased pulled the slider, it popped and he fired,” he said.
The court, however, said this was “hard to believe.” “It requires strength for the slider to pop. (A) layman cannot fire a pistol unless he is trained, (a) revolver is different,” the bench said. “According to you, he fired three bullets. Only one hit the police officer. What about the others?” the court asked.
The court then pointed out that the accused should have been shot below the knee, but the state government responded that the cop who shot him “did not have time to think.” “How could we believe that the police could not overpower the accused?” the court asked.
“Till he fired three shots, where were you? You could have easily overpowered (him). It is not like he was a hefty man. This can’t be termed as an encounter. This is not an encounter,” the court added. The bench asked if there were CCTV cameras on the route. The state government responded that footage of all CCTV cameras on the route would be checked. “We expect the investigation to be impartial. If we see something, we will be inclined to pass an order,” the court said.
The court said if it found that the probe was not being done properly, then it would be constrained to pass appropriate orders. The bench posted the matter for further hearing on October 3, by when the police would have to take a decision on the complaint submitted by Anna Shinde seeking an FIR against the police officers concerned. “The investigation has to be done fairly and impartially. If we find that this is not done, then we would be constrained to pass appropriate orders,” the court said.
The court questioned why the case papers have not been handed over to the state CID yet. “Time is of the essence in any investigation. Delay will lead to suspicion among the public. What prevented you from handling the papers yesterday?” The court said the call data records of all the five occupants of the police vehicle — four officers and the accused — should be collected.
The custodial death of Akshay Shinde, meanwhile, has set off a hoardings spree in Maharashtra. Hoardings congratulating Deputy Chief Minister Devendra Fadnavis have come up in various locations in Mumbai. They use a wordplay — Badla Pura (revenge complete) — and show Mr Fadnavis holding a gun. These hoardings do not carry any organisation’s name.
The BJP has put up posters of its own, claiming that police would only extort money during the Shiv Sena-NCP-Congress regime in Maharashtra, but cops now protect the people. The Eknath Shinde-led Shiv Sena has issued newspaper ads, describing the Chief Minister as “Dharamvir” and accusing rivals of politicising a sensitive issue like rape. The newspaper ad also has a cop’s cap.
The Opposition has raised questions about the police’s version of the circumstances leading to Shinde’s death. Shiv Sena (UBT) leader Sanjay Raut said the police’s version was suspicious, but there was no need to show sympathy for Shinde. “….This murder or encounter was done to save the main accused. How convincing is it that a school janitor snatches a gun from a policeman and fires a locked weapon? This is the basic question,” he said. The Rajya Sabha MP alleged, “The school is linked to BJP and yesterday’s story (Akshay’s killing) was done to save them.”
NCP (SP) MP Supriya Sule wondered how the accused, who was handcuffed, could snatch a pistol from a policeman in a moving vehicle. “A policeman suffered a bullet injury. Even the police are not safe in Maharashtra. If there is CCTV footage of the incident, it should be made public,” she said.
