In the alleged police encounter of Badlapur sexual assault accused Akshay Shinde, the Bombay High Court questioned how the state can conduct a probe without lodging an FIR against the five policemen held responsible. The state has said it is conducting an “investigation” and not an “inquiry” into the case, which it has termed as an “accidental death”.
A bench of Justices Revati Mohite-Dere and Neela Gokhale on Thursday reserved its order on a plea by Anna Shinde alleging that his son was killed in a fake encounter and sought necessary action against the policemen. The bench had appointed senior advocate Manjula Rao as amicus curiae (friend of court) to assist after the parents sought to withdraw the petition.
The bench will decide whether the state ought to lodge an FIR pursuant to an inquiry report submitted by the magistrate, holding the five policemen responsible.
Senior counsel Amit Desai, representing the state, stated that the CID is conducting an independent probe, and a commission led by a retired Chief Justice of the Allahabad High Court has been formed to investigate the incident.
During transit from Taloja jail Shinde was shot at by senior inspector Sanjay Shinde. Assistant police inspector Nilesh More, two constables and the police driver were also present in the van at the time of the shootout.
Police claimed Shinde tried to snatch a firearm, forcing them to fire in self-defense. However, a magisterial inquiry report on January 17 raised doubts, stating the officers could have controlled the situation and the use of force was unjustified.
The court then asked if an investigation could be carried out only on the basis of an accident death report. “We are concerned about the registration of FIR. Where is that? Is the accidental death report an FIR? (When)… subsequently it comes to fore that it was not an accidental or natural death but a homicidal death, shouldn’t a FIR be lodged?” the bench queried.
When asked what the CID proposed to do once its investigation is complete, Desai said that based on the conclusion of the probe, the CID will either file a closure report or a chargesheet.
The amicus said that once a magistrate report has been submitted stating that it was an “unnatural and suspicious death”, FIR ought to be registered.
