Mumbai, February 27 – The Bombay High Court has expressed shock over a sessions court’s decision to keep in abeyance a magistrate’s findings that questioned the legitimacy of the alleged police encounter of Akshay Shinde, accused in the Badlapur sexual assault case.
A division bench comprising Justices Revati Mohite Dere and Neela Gokhale, hearing a petition filed by Shinde’s father, strongly criticized the sessions court for passing such an order despite the High Court already being seized of the matter. The judge remarked, “Has the session judge not overstepped his jurisdiction? This is a question of judicial impropriety.”
Magistrate’s Report Challenges Police Claims
The magistrate's report had asserted that the five policemen escorting Shinde had control over the situation and that the use of lethal force was unwarranted. According to the police version, Shinde, who was being transported from Taloja prison to Kalyan in Thane district, allegedly snatched a weapon and opened fire, prompting the police to shoot him in self-defense.Following this, the accused officers contested the magistrate’s findings in the Thane sessions court, which then issued an interim order suspending the report’s conclusions until a final hearing on their revision plea. However, the High Court was displeased with this intervention, questioning why the State had not opposed it and whether it planned to challenge the sessions court's ruling.
High Court Appoints Amicus Curiae for Further Inquiry
Although Shinde’s parents indicated they no longer wished to pursue the case, the High Court appointed senior advocate Manjula Rao as an amicus curiae to assist in evaluating key legal aspects. The court directed Rao to deliberate on whether the State should register an FIR based on the magistrate’s findings.The court observed that while the State government had constituted a commission and initiated a CID probe into the alleged custodial killing, “once an offence is disclosed, the State is responsible for taking it to its logical conclusion.” It also posed a crucial legal query: “Can a commission and CID probe override the registration of an FIR based on a magistrate’s inquiry?”
The next Hearing is Scheduled for March 5
Akshay Shinde, a school attendant, was arrested in August 2024 for allegedly sexually assaulting two kindergarten girls in a private school’s restroom in Badlapur. On September 23, he was killed in a reported police encounter. The controversy surrounding his death has raised serious legal and procedural questions, prompting the High Court to seek further deliberation on the case.The matter is now set for its next hearing on March 5, when the court will examine the legal grounds for potential further action.
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