Badlapur Sexual Assault Case: High Court Questions Custodial Death of Accused Akshay Shinde
The Bombay High Court has raised serious concerns regarding the custodial death of Akshay Shinde, the accused in the Badlapur sexual assault case. Akshay Shinde’s death, which took place under suspicious circumstances, has sparked controversy over the nature of the encounter that led to his demise. The Maharashtra Police have been heavily criticized for their handling of the case, with the court suggesting foul play may have been involved. This incident has further highlighted issues around police conduct and custodial deaths, particularly in high-profile cases.
Background of the Badlapur Sexual Assault Case
Akshay Shinde, a 24-year-old former school janitor, was arrested on August 17, 2024, for allegedly sexually assaulting two four-year-old girls in a school toilet in Badlapur. The case sent shockwaves through the community, given the tender age of the victims and the nature of the crime. Shinde was taken into custody shortly after the incident and was being held in Taloja Central Jail as the investigation continued.
The accusations against Shinde were severe, and the case quickly gained widespread attention, especially considering the gravity of the crime. The charges prompted public outrage, with many calling for swift justice. However, the incident took a dramatic turn when Shinde was killed during an alleged encounter with the police on September 23, 2024.
The Alleged Encounter: Questions Raised by the Court
On the day of the encounter, Akshay Shinde was being transported by the Thane Crime Branch under transit remand to their office from Taloja Central Jail. The police claimed that while en route, near the Mumbra bypass, Shinde managed to seize a police officer’s revolver and opened fire on the officers accompanying him. In response, the officers reportedly fired back, resulting in Akshay Shinde’s death. The police stated that Shinde was shot in the head during the exchange.
However, the sequence of events presented by the police has raised several questions. The Bombay High Court, during a hearing on Wednesday, pulled up the Maharashtra Police for their handling of the situation. The court expressed doubt over the claim that Shinde, a physically weak individual, was able to overpower a police officer, seize a weapon, and open fire. The court also questioned why lethal force was used, particularly why Shinde was shot in the head instead of being subdued by shooting him in non-lethal areas like the legs or arms.
Justice Prithviraj Chavan, part of the division bench overseeing the case, remarked, “Why was the accused shot in the head directly and not in the legs or arms first? The moment he pulled the first trigger, others could have easily overpowered him. He wasn’t a huge built-up or strong man. This is very difficult to accept. This cannot be termed as an encounter.”
Concerns Over the Police’s Version of Events
The court’s doubts did not end there. Justice Chavan also pointed out the difficulty of unlocking and firing a police revolver, particularly for someone described as physically weak. “It is not very easy,” said Justice Chavan, casting further suspicion on the police’s narrative. “A common man can’t fire a pistol because it needs strength. A revolver can’t be unlocked quickly by a physically weak man,” the judge added.
These statements by the court have led to speculation that the encounter may have been staged, prompting further calls for an impartial investigation. Akshay Shinde’s father, Anna Shinde, has petitioned the court to form a Special Investigation Team (SIT) to probe the circumstances of his son’s death, alleging that his son was killed in a fake encounter. Through his lawyer, Amit Katranvare, Anna Shinde argued that his son was murdered in cold blood and that the police version of events does not hold up under scrutiny.
Court’s Response and CID Investigation
In response to the allegations and concerns raised during the hearing, the Bombay High Court directed that all case papers be handed over to the Maharashtra Crime Investigation Department (CID) immediately. The court emphasized the importance of preserving evidence, warning that any delay in transferring the files could raise further doubts about the investigation. “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 told the police.
The court made it clear that while it was not outright accusing the police of misconduct at this stage, the circumstances surrounding Shinde’s death were too questionable to ignore. The CID has now been tasked with conducting a thorough investigation into the custodial death, and the court has scheduled the next hearing for October 3, 2024, by which time the police must update the court on the progress of the investigation.
Political Fallout and Public Outrage
The custodial death of Akshay Shinde has also sparked a political firestorm, especially with the assembly elections approaching later this year. The opposition parties have seized on the issue, accusing the ruling Mahayuti government of allowing human rights violations under its watch. The controversial nature of the encounter has prompted widespread public outrage, with many questioning the conduct of the police and the lack of accountability in custodial deaths.
Custodial deaths and alleged fake encounters have a troubling history in India, often raising concerns about police brutality and extrajudicial killings. In cases like Akshay Shinde’s, where the accused is involved in a high-profile crime, the pressure on the police to act swiftly and deliver results can sometimes lead to rushed and questionable actions. The Bombay High Court’s insistence on a fair and impartial investigation is a reminder that justice must be served through due process, not shortcuts.
Conclusion
As the case proceeds, all eyes are now on the CID’s investigation into Akshay Shinde’s death. The next court hearing will provide further insights into whether this was a case of police misconduct or an unavoidable encounter. However, the questions raised by the court and the suspicions surrounding the case have already cast a shadow over the Maharashtra Police’s conduct. Ensuring a thorough and transparent investigation is crucial for maintaining public trust and ensuring justice for both the victims of the Badlapur sexual assault case and Akshay Shinde’s family.