Mumbai: The magistrate conducting the inquiry into the alleged “encounter” death of the accused in the Badlapur sexual assault case, has concluded that the five police officers accompanying him in the van were “responsible for his death.”
The report, submitted in a sealed cover to the Bombay High Court, emphasised that the situation could have been handled more effectively and suggested preventive measures for the future.
A bench of Justices Revati Mohite-Dere and Neela Gokhale, hearing a petition filed by Akshay Shinde’s father, Anna Shinde, remarked that the State is “bound to register an FIR” in light of the findings. The court also sought clarity on which agency would conduct the investigation.
The officers involved are Senior Police Inspector Sanjay Shinde of the Thane crime branch, Assistant Police Inspector Nilesh More, head constables Abhijeet More and Harish Tawade, and police constable Satish Khatal.
“We have perused a report sent by the magistrate. From the said report, it appears that the five (police) persons named in the report are responsible for the death of Akshay Shinde,” noted the bench.
The court stated that as per legal provisions, an FIR must be registered against the officers, and an investigation must follow. “You (government) are bound to file a FIR based on this magistrate report. Tell us which agency will investigate the matter,” the bench directed.
The magistrate’s report indicated that the officers present in the van could have handled the situation more appropriately. It also questioned whether the use of force by the police was justified. The Forensic Science Laboratory (FSL) findings revealed that Shinde’s fingerprints were not found on the pistol he allegedly snatched, nor was gunshot residue detected on his hands, the handcuffs, or his clothing.
“In such circumstances, it clearly shows that use of force was not justified, and the contention raised by police persons of the right of private defence comes under the shadow of suspicion,” the report stated.
The court observed, “The allegations made by the parents of the deceased (that their son was killed by the police in a fake encounter) has found substance as far as the FSL reports are concerned.”
Additionally, the magistrate’s report recommended safeguards for the future. It called for video recording inside police vehicles using dash cameras whenever an accused is transported. Responsibility for recording should rest with the vehicle driver, while the senior officer in charge must ensure the camera is functional or arrange for an alternative vehicle.
The court directed that copies of the magistrate’s report be provided to the prosecution and Anna Shinde. The original report and accompanying documents will remain with the court for future reference. The public prosecutor, Hiten Venegaonkar, was asked to inform the court by February 5 about the probe agency assigned to the case.
Advocates Ajinkya Gaikwad and Kavisha Khanna, representing one of the sexual assault victims, urged the court to prosecute the former investigating officer from the Badlapur police station. However, the bench noted that a departmental inquiry was already underway and left the matter to the State.
Akshay Shinde, 24, was arrested in August 2024 for allegedly sexually assaulting two minor girls in a school toilet, where he worked as an attendant. On September 23, while being transported from Taloja prison to the police station for questioning, Shinde was killed in a purported scuffle. The police claimed he snatched a constable’s pistol and opened fire, injuring an officer, prompting Senior Inspector Sanjay Shinde to retaliate with fatal shots.
Following Shinde’s custodial death, a magisterial inquiry was initiated, and its findings submitted to the court. Separately, the High Court had taken suo moto cognisance of the sexual assault case and directed the formation of an expert committee to address the safety of students in educational institutions.
On Monday, Venegaonkar submitted an affidavit from the state education department outlining measures taken post-incident. He informed the court that the committee’s report would be ready by January 31.
