Badlapur Accused Death: Bombay HC Says 'Hard To Belive That He Snatched Pistol', Next Hearing On Oct 3

Two days after his alleged killing in a 'retaliatory firing' by police, the father of Badlapur sexual assault case accused Akshay Shinde, moved the Bombay High Court seeking a probe by a special investigation team into the death. The petition was heard by a division bench of Justices Revati Mohite Dere and Prithviraj Chavan on Wednesday.

According to Akshay's father Anna Shinde, his son was killed in a "fake encounter" and a Special Investigation Team (SIT) should be formed to probe the killing and the high court should monitor the investigation. Anna Shinde filed the petition through advocate Amit Katarnaware.

"The accused was in custody when he was shot dead in a fake encounter. This is a cold-blooded murder by criminals in uniforms," advocate Katarnaware said.

What did the Bombay High Court say?

Hearing the petition, the Bombay High Court division bench of Justices Revati Mohite Dere and Prithviraj Chavan on Wednesday said the probe into the killing of Badlapur sexual assault case accused Akshay Shinde in a shoot-out should be carried out in a fair and impartial manner.

"The shoot-out could have been avoided if the police had tried to overpower Shinde first, the HC said, adding it was very hard to believe that he managed to seize a pistol from a police officer and open fire", the court said.

"Why the accused was shot in the head, and not on hand or legs first?", the court further asked.

The matter is posted 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.

Badlapur accused killing: The police's version

24-year-old Akshay Shinde, accused of sexually assaulting two minor girls at a school in Badlapur town of Thane district, was being taken to Badlapur from Taloja jail in Navi Mumbai on Monday evening. According to police, the movement was taking place in connection with an FIR registered against him on the complaint of his former wife.

He was killed near Mumbra bypass in a 'retaliatory firing' when he allegedly snatched the gun of a policeman in the escort team and injured an assistant inspector of police. He was declared dead at the Kalwa civil hospital, the police claimed.

The Maharashtra government earlier on Tuesday said the state Crime Investigation Department (CID) will conduct a probe into his death.

Badlapur accused death: What did the family say?

Akshay's father Anna Shinde questioned the police's claim that Akshay snatched a policeman's gun and fired, leading to retaliatory shooting and his death on Monday evening. "My son was scared of bursting crackers, how can he snatch a pistol from a police officer and open fire," he said.

Police had filed a charge sheet in the sexual assault case and he could have been put on trial, Anna Shinde further 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," he said, claiming that police killed his son for some unknown reasons.

Akshay;s mother and uncle also alleged that it was a conspiracy by police and management of the Badlapur school where the alleged sexual assault had taken place.

Badlapur accused death: Opposition picks hole in police's version

The Opposition continued to express doubt in the police's version of his killing and accused the government of trying to shield the school management while adding that the ruling party will take credit for handling the entire incident in the coming state assembly elections.

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.

Citing Chief Minister Eknath Shinde and deputy CM Devendra Fadnavis'd intention to shield the school management, Raut said, "How convincing is it that a school janitor snatches a gun from a policeman and fires a locked weapon? This is the basic question."

The Rajya Sabha member also claimed that CCTV footage of the school in Badlapur has gone missing. "The school is linked to BJP and yesterday's story (Akshay's killing) was done to save them," Raut alleged.

Shiv Sena (UBT) leader and former minister Aaditya Thackeray asked where were the trustees of the Badlapur school. "It is understood that the trustees of the school are affiliated to the BJP, and they are being protected," Thackeray claimed.

"How can a handcuffed accused snatch the revolver of a policeman and fire at him, when five more policemen are around," asked NCP (SP) Kalwa-Mumbra MLA Jitendra Awhad.