'Why Was He Shot In The Head?': HC Questions Police In Badlapur Sexual Assault Case Accused's Death | 10 Points

Inspector Sanjay Shinde, who shot Akshay Shinde, the accused in the Badlapur sexual assault case, claimed that Akshay had threatened to harm everyone after seizing a pistol inside a police van. Akshay's death has ignited controversy between Maharashtra's ruling Mahayuti government and the opposition, ahead of the upcoming Assembly polls. On September 20, the Special Investigation Team (SIT) submitted charge sheets in a special POCSO court in Badlapur, according to police reports. The first charge sheet was filed on September 16, and the second on September 19. Additionally, the Mumbra police registered an FIR against Akshay Shinde for "attempt to murder" after he allegedly opened fire on a police officer.

Badlapur Assault Case: 10 Pointers

1. The Bombay High Court on Wednesday emphasized that the investigation into the killing of Akshay Shinde, the accused in the Badlapur sexual assault case, during a shoot-out must be conducted fairly and impartially. The court remarked that the shoot-out might have been avoidable if the police had first attempted to restrain Shinde. It also expressed skepticism over claims that Shinde was able to snatch a pistol from a police officer and open fire.
2. The 23-year-old, arrested on August 17 for allegedly sexually abusing two girls in a school toilet, was being transported from Taloja Central Jail to the Thane Crime Branch office under transit remand. During the journey, Shinde reportedly grabbed a police officer’s pistol and fired at them near the Mumbra bypass.
3. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan stated that if the investigation into Akshay Shinde's death is not conducted properly, the court will be compelled to issue appropriate orders. The case is set for further hearing on October 3, by which time the police must decide on the complaint filed by Shinde's father, requesting an FIR against the officers involved.
4. "The investigation must be fair and impartial. If we find it lacking, we will be forced to intervene," the court noted. It also directed that all case documents be handed over immediately to the Maharashtra Crime Investigation Department (CID), which will handle the probe. "Why haven't the files been transferred to the CID yet? Preserving evidence is crucial. Any delay could fuel doubts and suspicions," the bench observed.
5. The court questioned the police's actions during the shoot-out, suggesting it could have been avoided if they had first attempted to subdue Shinde. It also inquired why Shinde was shot in the head instead of being incapacitated by a shot to the hand or leg. While the court refrained from raising suspicions at this stage, it expressed difficulty in believing that Shinde was able to seize a police officer's pistol and open fire.
6. The court was hearing a petition from Shinde's father, Anna Shinde, who alleges his son was killed in a "fake encounter." The plea, filed through advocate Amit Katarnaware, called for the formation of a Special Investigation Team (SIT) to probe the killing and requested that the high court oversee the investigation.
7. At the time, Inspector Sanjay Shinde was seated beside the driver, while Assistant Police Inspector (API) Nilesh More and two constables were in the back of the van with Akshay Shinde. When they reached the Shil-Daighar police station, API More informed Inspector Shinde that Akshay was questioning why he was being taken away and had started abusing the officers. Inspector Shinde then moved to the back of the van.
8. According to the complaint, at 6:15 p.m., near the base of Mumbra Devi temple, Akshay Shinde attempted to seize API More’s pistol, resulting in a scuffle. The gun discharged, injuring API More. Akshay then reportedly pointed the gun at the officers, threatening to kill them, before firing two rounds, which they dodged. Akshay was subdued by the constables and declared dead upon arrival at Kalwa civil hospital.
9. The incident has sparked controversy, with former Maharashtra Home Minister Anil Deshmukh questioning the official account. He claimed that it's technically difficult to snatch a revolver from a police officer due to its design and suggested that the matter is suspicious, pointing to the school owner’s possible involvement, as the school is owned by a senior BJP leader.
10. Meanwhile, the Supreme Court directed the implementation of the Centre's guidelines on school safety, tasking the National Commission for Protection of Child Rights (NCPCR) to oversee compliance by states and union territories.

The government announced on Tuesday that the state CID will lead the investigation into the death of Akshay Shinde.