Mumbai:The Bombay High Court on Monday came down heavily on the state Crime Investigation Department (CID) for taking "lightly" the probe into the killing of Badlapur school sexual assault case accused in a shootout.
Stressing the need for a fair investigation in all cases, a division bench of Justices Revati Mohite Dere and Prithviraj Chavan said the conduct of the CID in the present case raises doubt and a wrong inference that it does not want to provide all information to the magistrate conducting inquiry into the shootout.
The accused, Akshay Shinde (24), was arrested in August for allegedly sexually assaulting two minor girls at a school in the Badlapur area of Maharashtra's Thane district. He was killed by police in a shootout on September 24. The high court sarcastically remarked that cases are transferred from local police to the CID because of the latter's competence.
The HC was irked after noting certain loopholes in the probe and documents submitted to the magistrate who is conducting an inquiry into the accused's death."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 HC said.
The bench said the entire conduct of the CID raises doubt on the investigation and a "wrong and adverse" inference is drawn. "Because of your conduct itself, you are raising suspicion and doubt on yourself. What investigation are you conducting?" the court said. The bench questioned as to why medical papers about 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 HC said. "Because of the CID's competence, cases are transferred to the state CID," it added.
The bench said its endeavour was to ensure all documents were collected and submitted to the magistrate for a proper inquiry to be done and for a report to be submitted. "Investigate the case properly and submit all statements properly to the magistrate, only then the magistrate can prepare a proper report," the bench said.
The court noted that fairness has to be writ large in every investigation and even an accused and their family have rights. The bench was informed that all documents and information had been submitted to the magistrate and whatever remained would be handed in one week. The court posted the matter for further hearing on January 20, 2025, by which the magistrate would have to submit the report to the court.
As per police, accused Akshay Shinde forcibly took a pistol from one of the cops in a police van on September 24 when he was being taken from the Taloja prison in Navi Mumbai to Thane for questioning in another case. Shinde then shot 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 hit Shinde and he was killed. The police claimed Shinde's handcuffs were removed as he had asked for water. He was given water from a bottle inside the van. The probe into the killing was later handed over to the state CID. Akshay Shinde's father Anna Shinde has filed a petition in the HC claiming his son was murdered in a fake encounter.
