'Shootout Could Have Been Avoided': Bombay HC on Badlapur Encounter

Mumbai: The Bombay High Court has pulled up the Maharashtra police in the Badlapur encounter case, where Akshay Shinde, a rape accused, was shot dead on Monday.

Chief Public Prosecutor Hiten Venegaonkar represented the Maharashtra government in the High Court before a bench of Justices Mohite Dere and Prithviraj Chavan on Wednesday. The bench noted that none of the committee members had received details or the court's orders outlining their responsibilities.

Akshay Shinde, 24, was killed in a police encounter near the Mumbra bypass after allegedly grabbing a police officer's gun while being transported in a police van. A police officer was also injured in the exchange of fire.

Shinde had been accused of sexually abusing two girls at a school in Badlapur, in Maharashtra 's Thane district.

The High Court expressed concern on the incident and, stated that the shootout could have been avoided and questioned why the police did not attempt to overpower Shinde first.

Akshay Shinde's father had filed a petition requesting a Special Investigation Team (SIT) probe into the encounter. 

The bench posted the matter for further hearing on October 3, by when 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 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 HC 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.

"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 bench hearing the petition has also noted that the shootout could have been avoided. Supreme court has observed that according to the post-mortem report, Shinde had been shot at point-blank range.