'Cannot be termed an encounter': Bombay HC pulls up police in Badlapur sexual assault case, raises concerns over Akshay Shinde custodial death

In a major development in the Badlapur sexual assault case, the Bombay High Court on Wednesday expressed serious concerns over the custodial death of the accused, Akshay Shinde. The court questioned the circumstances surrounding his death, hinting at possible foul play, and called for an impartial investigation into the matter.

A division bench, comprising Justices Revati Mohite Dere and Prithviraj Chavan, remarked that if they find the ongoing investigation inadequate, they would be forced to issue more stringent orders. The justices underscored the necessity of conducting a fair and unbiased inquiry into the incident.

The court took particular issue with the handling of the fatal police encounter, which led to Shinde's death. It questioned why the police officers did not attempt to subdue Shinde before resorting to lethal force. "Why was he shot in the head and not in the legs or arms first?" the court asked. Justice Prithviraj Chavan also commented, "He wasn't a heavily built or strong man. This raises serious doubts. This cannot be termed as an encounter."

Shinde's father, Anna Shinde, had previously filed a petition through lawyer Amit Katranvare, alleging that his son's death was the result of a fake encounter. He demanded a Special Investigation Team (SIT) to probe the case.

During the hearing, the court expressed skepticism over the prosecution's narrative, particularly regarding how Shinde, described as physically weak, could have easily fired a police officer's pistol. Justice Chavan noted, "It is difficult to believe that a common man can fire a pistol with ease. Unlocking a revolver requires strength."

The court has directed the Maharashtra Crime Investigation Department (CID) to take over the investigation and ordered that all relevant case files be handed over immediately. "Preservation of evidence is crucial. Any delay would only fuel doubts and speculations," the court said, warning the police against further delays.

The case has stirred political tensions in Maharashtra, with opposition parties accusing the ruling Mahayuti government of foul play ahead of the upcoming assembly elections. Shinde, 24, was arrested on August 17, accused of sexually assaulting two four-year-old girls at a school in Badlapur. He was killed on September 23 in what the police described as an encounter during his transfer from Taloja Central Jail to the Thane Crime Branch.

According to the police, Shinde allegedly seized an officer’s revolver and opened fire near the Mumbra bypass, prompting officers to shoot him in self-defense. The court, however, remained unconvinced by this version of events and has scheduled a further hearing on October 3, when the police are expected to respond to Akshay Shinde's father's demand for an FIR against the involved officers.

This high-profile case continues to attract widespread attention, raising questions about police accountability and the use of lethal force during encounters.