Akshay Shinde’s parents seek to withdraw plea in Bombay HC amid ongoing probe | File Photo
Mumbai: The parents of Akshay Shinde, accused in the Badlapur sexual assault case, told the Bombay High Court on Thursday that they no longer wished to pursue their petition seeking a Special Investigation Team (SIT) probe into their son’s alleged fake encounter.
Meanwhile, the State government informed the court that it had yet to decide on registering an FIR against the policemen involved, as the Criminal Investigation Department (CID) probe was still ongoing.
Shinde’s parents, visibly distressed, told the court in Marathi, “Amala case nahi ladaycha aahe… Dhavpal hot nahi… case bandh kara” (“We do not wish to fight the case… We cannot keep running around… Please close the case”). They cited stress as the reason for withdrawing from the legal battle, saying they wanted to be with their daughter-in-law, who had recently given birth.
However, a bench of Justices Revati Mohite-Dere and Neela Gokhale observed, “So much has happened” since the petition was filed and remarked, “The case cannot be closed like this.”
A magistrate’s report submitted to the HC on January 20 found that the officers in the police van transporting Shinde from Taloja Prison to Kalyan were accountable for his death. The report named 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.
During Thursday’s hearing, the judges questioned the State on why no FIR had been filed against the officers indicted in the report. Special Public Prosecutor Amit Desai and Public Prosecutor Hiten Venegaonkar, representing the State, submitted that an independent CID investigation was still underway.
Desai argued that the magistrate had exceeded the scope of the inquiry, which was limited to determining the cause of death, yet the report indicted the policemen involved. He maintained that an FIR could only be registered if the CID probe found sufficient material indicating a cognizable offence.
He added that the magistrate’s report was not binding on the State. “A magisterial inquiry is meant to determine the cause of death… It is a limited inquiry… The magistrate is not supposed to establish culpability. Investigating every aspect requires statutory powers, which a magistrate does not have.”
He further stated that the State intended to send the magistrate’s findings, along with additional material, to a judicial commission set up in October 2024. The commission, headed by former Allahabad High Court Chief Justice Dilip Bhosale, was tasked with investigating the encounter and determining if any individual or organisation was responsible.
Desai assured the court that the State was conducting an independent investigation and was not shirking its responsibility. “We are conscious of our legal obligations. The investigation has not stopped, nor have we said we will not file a chargesheet.”
Justice Dere, however, expressed concern over the prolonged probe. “Four months down the line, you still want to investigate? When will we see the light of day? How long will this continue?” She noted that the magistrate’s report, forensic findings, ballistic reports, and witness statements were already available and questioned what further investigation was required.
Desai maintained that the inquiry was being conducted in accordance with legal provisions and stressed the need for an “unimpeachable” investigation, given that police officers were involved. He also sought to address concerns raised in the magistrate’s report. “There are points in the inquiry that require further investigation.”
Justice Gokhale asked, “Based on your investigation from day one, do you or do you not have sufficient material to conclude that a cognizable offence has been committed?”
Desai responded that the case had not yet reached that stage, as the investigating officer first needed to conclude the probe and submit findings to a superior. “There is a laid-down process. We will follow it to the hilt,” he added.
The court allowed applications by the policemen seeking a copy of the report. Their lawyers, Sayaji Nangre and Sameer Nangre, argued that since serious allegations had been made against them, they had a right to access the document.
The HC scheduled the next hearing for Friday, stating that it would pass an interim order in the matter. Two minor girls were sexually assaulted inside a school toilet by a male attendant on August 12 and 13, 2024. He was arrested but later killed in a police shootout while being transported from jail for questioning.
