'Why was he shot in head?': Important questions Bombay HC raised in Badlapur encounter case

NEW DELHI: The Bombay high court on Wednesday questioned several aspects concerning the death of the Badlapur accused who was shot down allegedly while trying to flee the police custody.

Noting the probe into the shoot-out should be carried out in a fair and impartial manner, a division bench of Justices Revati Mohite Dere and Prithviraj Chavan said if it finds that the probe is not being done properly, then it would be constrained to pass appropriate orders.

The court was hearing a plea filed by the father of Akshay Shinde , who was killed in a shoot-out by the police on September 24. In the plea, Akshay's father has sought a special investigation team (SIT) probe into what he has called the " fake encounter ".

Here's what court said:

• The Bombay high court observed that the shoot-out could have been avoided if the police had tried to overpower Akshay Shinde first.
• The court noted that it was very hard to believe that he (Akshay Shinde) managed to seize a pistol from a police officer and open fire.
• It is not very easy to unlock and open fire from a pistol, the court said.
• Why the accused was shot in the head, and not on hand or legs first? the court asked.
• "Why are the files not handed over to the CID yet? Preservation of evidence is vital. Any delay on your part would raise doubts and speculations," the court said.
• The high court also asked as to why the accused was shot in the head, instead of opening fire on his hand or legs first.
• "The investigation has to be done fairly and impartially. If we find that this is not done, then we would be constrained to pass appropriate orders," the court said.

The bench posted the matter for further hearing on October 3 before which the police would have to take a decision on the complaint submitted by Shinde's father, seeking an FIR against the police officers concerned.

The high court also directed for all case papers to be immediately handed over to the Maharashtra Crime Investigation Department (CID), which would be conducting a probe into Shinde's death.

Akshay Shinde, accused of sexually abusing two nursery school girls in Maharashtra's Badlapur, was shot dead by cops after he allegedly grabbed a constable's gun and fired at a police officer while being taken from Taloja jail on Monday evening.

Around 6.15 pm, near the Mumbra bypass, the accused became increasingly aggressive while being transported under a transit remand, according to police reports.

The former school janitor reportedly threatened to kill the officers. The central unit of Thane crime branch had taken his custody in an offence related to unnatural sex filed by his wife for probe.