Mumbai: The Maharashtra Government, on Wednesday, told the Bombay High Court that the Thane sessions court has not extended its stay on the findings of a magistrate inquiry that held five policemen responsible for the death of the accused in the Badlapur sexual assault case.
Early this month, the State had approached the HC challenging the order of the Thane sessions court which kept in “abeyance” the findings of the magistrate’s report against the policemen. The sessions court passed the order on applications by the policemen.
Considering there is no stay, Public prosecutor Hiten Venegaonkar told Justice RN Laddha the State wants to now amend its petition to challenge the validity of the entire proceedings pending before the sessions court.
State had initially filed portion challenging the interim order passed by the sessions court. “The sessions court has not extended its order. So now technically there is no stay. The government wants to amend its petitions to challenge the entire proceedings pending before the sessions court,” he said.
Venegaonkar said that the inquiry initiated by the magistrate was an administrative process and not a judicial process and hence a revision application could not have been filed by the five policemen. Besides, a division bench of HC is seized of the matter pertaining to the encounter of the accused and hence it was not proper for the sessions court to hear the policemen’s application and pass order.
Justice Laddha allowed the government to amend its plea and issued notice to the five policemen. The matter is scheduled for hearing on May 7.
The magistrate report raised suspicion on five policemen’s claim that they had to shoot at the accused in self defence as he allegedly snatched one of their guns while being escorted from Taloja prison to Kalyan.
The policemen challenged the magistrate’s report before Thane sessions court which kept the findings in abeyance. State appealed against this contending that the sessions court order was “wrong and illegal”.
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.
