Badlapur case: Thane cops reject 'fake encounter' claim, seek HC nod to intervene in hearing

Mumbai, Feb 3 (PTI) – Two Thane police officers, indicted by a magistrate in the custodial death of Akshay Shinde, the accused in the Badlapur sexual assault case, have denied allegations that he was killed in a “fake encounter.” The officers, Senior Inspector Sanjay Shinde (Thane crime branch) and Assistant Inspector Nilesh More, have approached the Bombay High Court seeking permission to intervene in the ongoing hearing related to the matter.

In their interim application filed before a division bench, the officers refuted the claims made by Akshay Shinde’s father, Anna Shinde, who alleged that his son was deliberately killed in an orchestrated encounter in Thane district on September 23, 2023. They argued that any decision made without their representation would significantly damage their reputation in society.

Their plea comes just days after a magistrate's inquiry found five policemen, including the duo, responsible for the custodial death of Akshay Shinde (24). Shinde, a school attendant, was accused of sexually assaulting two minor girls inside a school toilet in Badlapur, Thane district.

Magistrate's Findings Raise Doubts on Police Claims​

The inquiry raised serious doubts about the police’s version of events, which claimed that Shinde was shot in self-defense while being transported from Navi Mumbai’s Taloja prison for interrogation. The police had stated that he allegedly snatched a firearm from one of the officers in the van, opened fire, and was subsequently killed in retaliatory firing.

However, the magistrate’s report, submitted to the High Court, cast suspicion on this narrative. It cited forensic evidence that contradicted the police account, including the absence of Shinde’s fingerprints on the weapon he was alleged to have used.

Legal Proceedings and Next Hearing​

Following the inquiry, the High Court had earlier observed that the Maharashtra government was legally bound to register a case based on the findings and sought clarification on which investigative agency would probe the matter.

Meanwhile, Assistant Inspector More, who sustained a bullet injury in the alleged shootout, has requested a copy of the magistrate’s report, while Senior Inspector Sanjay Shinde has sought to intervene in the hearing of Akshay Shinde's father's petition.

A division bench of Justices Revati Mohite Dere and Neela Gokhale will take up the matter for hearing on February 6.

Forensic Analysis and Key Observations​

The magistrate, Ashok Shengde, in his report submitted last month, emphasized that the allegations of a staged encounter held weight when considering forensic reports and other available evidence. The report also questioned the justification for the use of force, noting that the incident occurred in a moving vehicle with four armed policemen, who should have been able to handle the situation without resorting to lethal measures.

The inquiry further pointed out discrepancies in the police’s claim of self-defense, stating that it “comes under a shadow of suspicion” based on the available evidence.

Officers Named in the Inquiry​

Apart from Sanjay Shinde and Nilesh More, the other police personnel indicted in the report include Head Constables Abhijeet More, Harish Tawade, and police van driver Satish Khatal.

With the matter set for hearing later this week, all eyes are on the Bombay High Court’s next move regarding this controversial case.