The Bombay High Court on Wednesday reprimanded the Maharashtra Police following the custodial death of Akshay Shinde, the Badlapur sexual assault accused, who was shot dead by the police two days earlier.
The court also ordered that the investigation into the accused's death should be conducted in a fair and impartial manner.
A division bench of Justices Revati Mohite Dere and Prithviraj Chavan said if it finds that the probe is 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 Shinde's father, seeking an FIR against the police officers concerned.
The court said while it was not raising any suspicion at this stage, but observed that it was very hard to believe that Shinde managed to seize a pistol from a police officer and open fire.
The bench also commented that the shooting could have been avoided, and asked why the police did not try to overpower the accused first.
The police told the court that Shinde was being transferred from Taloja jail to Badlapur when he grabbed the pistol of an assistant police inspector and fired at the escorting officers. They added that he was shot and killed in a retaliatory firing in self-defence.
When the court enquired further about the cause of death, the public prosecutor responded that it was due to a bullet wound and added that the pistol allegedly snatched by Shinde could be unlocked in two ways.
Not satisfied with the police and state counsel's claim, the HC observed that a revolver cannot be quickly unlocked by a physically weak man.
"It is difficult to believe this. Prima facie, there seem to be issues. A common man can't fire a pistol because it needs strength. A revolver can't be unlocked quickly by a physically weak man. It is not very easy," the court observed.
In response, the prosecutor said "the officer's pistol was unlocked."
The court also asked the prosecutor about the claim that the accused fired three bullets, noting that only one hit the police officer and asking what happened to the others.
It further questioned why the accused was shot directly in the head instead of in the legs or arms first. In response, the state counsel stated that the officer who fired "did not have" the time to think.
The HC also directed for all case papers to be immediately handed over to the Maharashtra Crime Investigation Department (CID), which would be conducting a probe into Shinde's death. "Why are the files not handed over to the CID yet? Preservation of evidence is vital. Any delay on your part would raise doubts and speculations," the court
Anna Shinde has moved the court alleging that his son was killed in a fake encounter and demanded a Special Investigation Team (SIT) to investigate the case. Shinde's kin have also claimed that police pressured him for a confession in the sexual assault case.
Shinde, 24, was accused of sexually assaulting two minor girls at a school in Badlapur town of Thane district. A contractual sweeper at the school in Badlapur, Shinde, was arrested on August 17, five days after he allegedly sexually abused the two girls in the school toilet.
He was killed near Mumbra Bypass in Thane on Monday evening when he allegedly snatched the gun of a policeman while he was being ferried in a police vehicle as part of a probe into a case registered against him on the complaint of his former wife, an official earlier said.
"The family would have accepted the verdict delivered by the court after a trial, but we are poor people; we don't have a voice," Anna Shinde told PTI, claiming that police killed his son for some unknown reasons.
The encounter of Shinde on September 23 has sparked a controversy between the ruling Mahayuti government and the opposition in the state, who are headed for the Assembly polls later this year.
Chief Minister Eknath Shinde and Home Minister Devendra Fadnavis stressed that police had fired in self-defence, while the Opposition slammed the government and refused to accept the police's theory.
Shiv Sena (UBT) leader Sanjay Raut said though the encounter was suspicious, there was no need to show sympathy for Akshay.
"....This murder or encounter that has taken place was done to save the main accused," Raut told reporters.
"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, alleging that Akshay was the main piece of evidence that was destroyed as CM Shinde and deputy CM Fadnavis wanted to shield the school management.
Alleging loopholes in the government version of the chain of events leading to Akshay Shinde's death, NCP (SP) MP Supriya Sule said the biggest question is how a person in police custody could reach the pistol of a cop.
Sule wondered how the accused, whose face was covered with black cloth and who was handcuffed, could snatch the pistol of a policeman in a moving vehicle.
Meanwhile, doctors conducted an in-camera autopsy of Akshay's body on Tuesday. As per the preliminary report, he died due to excessive bleeding, said a senior official.
