Mumbai – A magisterial inquiry has held five policemen responsible for the custodial death of Akshay Shinde, accused in the Badlapur school sexual abuse case. Police can register a case against these five. The Magistrate submitted the investigation report in a sealed envelope to the Bombay High Court on Monday. Akshay’s father Anna Shinde had filed a petition claiming that his son was killed by the police in a fake encounter. The High Court is hearing this petition.
Mrs. Revati Mohite Dhare and Ms. Neela Gokhale’s bench, after reading the report, said that the government is bound to register a case on the basis of investigation and it wants to know which investigating agency will investigate the case.
The police officers held responsible in the case include Thane Crime Branch’s Sanjay Shinde, assistant police inspector Nilesh More, head constables Abhijeet More and Harish Tawde and the police driver.
The bench said that as per the law, an FIR should be registered against the five policemen and investigation should be conducted.
The magistrate has said in the report that the five policemen present in the van with Akshay Shinde were capable of handling the situation and questioned the appropriateness of the use of force used by the police officer.
The report has taken into consideration the report of the Forensic Science Laboratory (FSL). The report said that the pistol that Shinde is accused of snatching from the constable and firing at him did not have his fingerprints on it. No residue of bullet was found on the hand of the deceased. The High Court said that the forensic report found the allegations of Shinde’s parents to be true.
The report also mentions the care and maintenance to be taken in such situations in future, the bench said. The court also directed to hand over the copy of the magistrate’s report to the plaintiff and petitioner. We will retain the originals and all documents and witness statements. The court said that the latter may be required when the government side conducts the investigation.
The government counsel will have to inform the court within two weeks which agency will conduct the investigation. Akshay Shinde (24) was arrested in August 2024 for sexually assaulting two minor girls in a school toilet in Badlapur. On September 23, Shinde was shot dead in an encounter with police when he was taken from Taloja jail for questioning in his wife’s case. The police claimed that he snatched the gun of the policeman in the van and opened fire and was killed in retaliation.
During the shootout, senior police inspector Sanjay Shinde shot Akshay dead, while assistant police inspector Nilesh More, two constables and a police driver were present in the van. According to the law, if an accused dies in police custody, an inquiry has to be conducted by a magistrate.
The High Court voluntarily intervened in the matter and ordered the formation of a committee of experts for the safety of students in schools and educational institutions.
The government lawyer informed the court about the steps taken by the education department after the incident. He said that the committee’s report will be ready by January 31.
