Mumbai: The Bombay high court on Monday directed constitution of a Special Investigation Team (SIT) and registration of an FIR in two days against five policemen who were found responsible for death of Badlapur sexual assault accused.
A bench of Justices Revati Mohite-Dere and Neela Gokhale directed constitution of a committee under joint commission of police (crime) Lakhmi Gautam.
The court has directed the SIT to register FIR against 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.
The five, who were escorting the accused Akshay Shinde from Taloja prison to Kalyan for questioning, were found “responsible” for his death by the magistrate who conducted the inquiry.
The high court noted that it is “undisputed that the accused succumbed to bullet injuries”, while directing registration of an FIR.
Gautam has been asked to select members of the SIT comprising officers from different police stations. The HC has directed that these police officers be relieved of their existing duties once they are appointed in the SIT.
Shinde’s parents had sought to withdraw the petition from the HC seeking action against the policemen. However, the bench, instead appointed senior advocate Manjula Rao as amicus curiae (friend of the court).
The bench said that closing the matter in the absence of the deceased's parents would have been easy but a constitutional court cannot ignore the State's reluctance even to register an FIR, which has left them (parents) helpless. Such conduct would erode public faith and the court cannot be “mute spectator”, the court emphasized.
“We are left with no other option but to constitute SIT under joint CP Laxmi Gautam,” the bench said while directing the Criminal Investigation Investigation Department (CID) to hand over the papers in two days. The SIT has been directed to “act promptly”.
If the Petitioner doesn't come forward, the criminal law can be set into motion by anyone including the police, the court said, adding that this would uphold public faith in the justice delivery system. The bench expressed hope and trust that the SIT would make every endeavour to u earth facts and conduct probe fairly and by impartially without influences from anyone and take the case to its logical end.
Senior advocate Amit Desai, repenting the State, urged the court to stay the order to test it before Supreme Court. The bench refused to stay the order.
The accused had been arrested by the Badlapur police for allegedly sexually assaulting minor girls at a local school. While in judicial custody at Taloja Prison, he was taken into police custody on September 23 via a transfer warrant in connection with a second FIR lodged by his wife. However, during transit, he sustained firearm injuries and later succumbed.
Judicial Magistrate First Class, Ashok Shendge, had submitted a report on January 18, holding five policemen—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—accountable for Akshay Shinde’s custodial death.
The policemen, who were escorting Shinde from Taloja Prison to Kalyan for questioning, had claimed that Shinde snatched Assistant Police Inspector Nilesh More’s service pistol, leading to a struggle during which both were injured.
However, the magistrate’s report raised serious doubts about the alleged encounter. The findings stated that the four policemen, despite being in a position to control the situation, failed to do so and that the use of force was “not justified.”
(FPJ Digital's Manasi Kamble also contributed to this article)
