GUWAHATI: The Bombay High Court on Wednesday, September 25 pulled up the Mumbai Police for the killing of Badlapur sexual assault accused Akshay Shinde, who was shot dead in retaliatory firing on Monday.
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A Division Bench of Justice Revati Mohite Dere and Prithviraj Chavan was hearing a plea moved by Shinde's father for probe by a Special Investigation Team (SIT) into the encounter.
The court said there appeared to be foul play and the incident could not be termed an “encounter".
The court questioned the police claim that Shinde had snatched a cop's weapon prompting the cops to open fire at him.
Police said Shinde, accused of sexually abusing two girls at a Badlapur school, was being taken to Badlapur from Taloja jail when he snatched Assistant Police Inspector (API) Nilesh More's pistol and fired at the escorting police team, injuring three cops. Shinde was then killed in retaliatory firing by police.
The court also slammed the cops for their failure to protect the firearm. It added that normally the accused should be shot below the knee in such circumstances. "How could we believe that the police, who were trained in firing, couldn't overpower the accused," the court asked.
It stressed on the fact that the policemen could have overpowered Shinde and hence the claim by the police of it being an encounter seemed dubious. "This can't be termed as an encounter. This is not an encounter," the court remarked.
It also said that the police must ascertain whether Shinde had used a firearm in the past. "If he has pulled.. He must have had some idea.. it is difficult to visualise it.. unless the safety was kept open," the court remarked. "This is hard to believe. Prima facie, there is foul play. A layman cannot fire a pistol, unlike a revolver which any Tom, Dick and Harry can do. A weak man cannot load a pistol as it needs strength."
Two kindergarten girl students were allegedly sexually abused by Akshay Shinde, a 23-year-old, at a school in Badlapur in August. He was later arrested by the police and sent to judicial custody.
On September 23, Shinde was taken into custody again from Taloja jail in connection with a sexual abuse case registered by his wife. While he was being taken to Thane, he reportedly snatched a gun from a constable and injured him before being fatally shot by another constable in the car.
The probe in case has been transferred to the CID.
We want impartial probe even though cops are involved," the Bench underscored. The matter will be heard next on October 3.
