Mumbai: Expressing severe displeasure over the State Crime Investigation Department (CID) taking the probe in the shootout of the accused in the Badlapur school sexual assault case “lightly”, the Bombay High Court said that the manner of probe raises suspicion.
The judges emphasised that there is a need for fair investigation in all the cases, and the conduct of the current CID team raises doubts, leading to “adverse” inferences.
A bench of Justices Revati Mohite-Dere and Prithviraj Chavan questioned the Superintendent of Police Prashant Baghwe, who is a part of the CID team probing the case, over not providing all the necessary documents and information to the Magistrate who is conducting an inquiry into the shoot out.
A bench of Justices Revati Mohite-Dere and Prithviraj Chavan remarked that cases are transferred from local police to the CID because of their competence. The judges were irked after noting certain loopholes in the probe and documents submitted to the magistrate.
“How can the state CID take it so lightly? This is a matter that concerns custodial death. What was expected from you (CID) now what to expect from you,” the court said.
Noting that the CID’s conduct raises doubt on the investigation and draws a wrong inference, the court said: “Because of your conduct itself you are raising suspicion and doubt on yourself. What investigation are you conducting?”
The judges also grilled the officer over why the medical papers pertaining to the case were not collected. “Why is the CID not collecting information properly and why are we forced to test it? Don’t test our patience now. Medical papers are not collected. Are you deliberately trying to withhold information from the magistrate? That is the inference we are drawing,” the court asked.
The court highlighted that “because of the CID’s competence, cases are transferred to the state CID,” it added. Justice Chavan questioned the contradiction in the medical reports of the injured officer Nilesh More, who was allegedly shot in the scuffle when the accused allegedly snatched the police server revolver and fired shots.
A medical report by government hospital said that the bullet went through More’s arm and there were entry and exit wounds. However, a medical report by a private hospital claimed that the bullet grazed past More’s arm.
Justice Chavan remarked that there was a difference in collecting evidence and creating evidence. The judges said they wanted to ensure that all the documents are collected and submitted to the magistrate for a proper inquiry to be done and reports submitted.
“Investigate the case properly and submit all statements properly and submit to the magistrate only then the magistrate can prepare a proper report,” the bench said. It added: “Family has some rights. Fairness has to be written in every investigation.”
State Advocate General Birendra Saraf assured the court that all documents and information had been submitted to the magistrate and whatever remains would be handed in one week.
The HC has kept the matter for further hearing on January 20 by when the magistrate has been asked to submit the inquiry report. The HC was hearing a petition by Anna Shinde, father of the accused, who was killed in the shootout. He was arrested in August for allegedly sexually assaulting two minor girls at a school in Badlapur in Thane district
The police claimed that the accused had forcibly taken the pistol from one of the police officers in the police van when he was being taken from the Taloja prison to Navi Mumbai for questioning in another case. The accused fired three rounds inside the van, one of which hit and injured a police officer. In retaliation, one shot was fired by another police officer which fatally hit the accused.
The police claimed that the accused’s handcuffs were removed as he had asked for water. He was given water from a bottle inside the van. The probe was handed over to the State CID from the Badlapur police.
