Bombay HC calls for impartial probe into police shooting of Badlapur suspect

MUMBAI, Sep 25: The Bombay High Court expressed concerns on Wednesday regarding the police shooting of Akshay Shinde, the accused in the Badlapur school sexual assault case, stating that the incident could have been avoided and emphasised the necessity for a fair and impartial probe.
A division bench also raised pertinent questions over the manner in which the shoot out was executed.
The bench said while it was not impugning the police’s integrity, it insisted on the importance of clarity in the investigation.
It also stressed the necessity for a fair and impartial investigation into the circumstances surrounding the shooting.
During the proceedings, the court underscored its expectation that the police would address all aspects of the case transparently.
“If we find that the investigation is not conducted properly, we will be constrained to issue appropriate orders,” the bench warned.
The court scheduled the next hearing for October 3, by which date the police are expected to decide on a complaint filed by the father of the deceased, requesting a FIR against the involved police officers.
“We are not suspecting the police on their activities but come clean on all aspects,” the bench said.
It also directed the immediate transfer of all case files to the Maharashtra Crime Investigation Department (CID) for further inquiry.
“Why have the files not been handed over to the CID yet? The preservation of evidence is crucial. Any delay raises doubts and speculation,” it stated.
The judges raised pointed questions about the circumstances of the shooting, suggesting that it may have been preventable if police had attempted to subdue Shinde before the incident escalated.
The bench said while it was not raising any suspicion at this stage, it was very hard to believe that Shinde managed to seize a pistol from a police officer and opened fire.
The bench also noted that the officer who shot at Shinde was a police inspector who has experience on how to react in such a situation.
“Ordinarily, the retaliation would be on the leg or arm. Why directly on the head? Does he (police) not know where the shot has to be fired? It may have been spontaneous. The first reaction should have been to disarm him,” the bench said.
The court said it is not very easy to unlock and open fire from a pistol.
They questioned the rationale behind shooting him in the head rather than aiming for a less lethal area, such as the legs or arms. The court also sought clarification on the specifics of the shooting, including whether it occurred at close range and the nature of the wounds inflicted.
It directed the police to preserve all relevant CCTV footage and the call data records of the officers involved, as well as to collect forensic samples from both Shinde and the police personnel to check for gunshot residue.
The Advocate representing Shinde’s family, alleged that Akshay had met with his parents on the day of his death and expressed concerns about his bail, indicating he was not in a state of mind to resort to violence. (PTI)