Don’t Want To Fight Case Over Son’s Custodial Death: Parents Of Badlapur Sexual Abuse Accused

Akshay Shinde’s parents made the appeal before the Bombay High Court, which is hearing their petition related to their son’s custodial death.

Mumbai: The parents of Badlapur sexual assault accused Akshay Shinde, killed in an alleged encounter with police, told the Bombay High Court on Thursday that they no longer want to fight the case concerning his death. Shinde’s parents made the appeal before the division bench of Justices Revati Mohite Dere and Neela Gokhale, which is hearing their petition related to their son’s custodial death.

The petition has been filed by Shinde’s father, Anna Shinde, alleging that police killed his son in a fake encounter. At the end of the proceedings on Thursday, the couple approached the bench and said they were not keen on pursuing the case and wanted it to be closed.

The couple said they were under no pressure from anyone and made the statement on their own. Akshay Shinde (24) was accused of sexually assaulting two minor girls inside the toilet of a school in Badlapur town of Thane district last year. He was an attendant at the school. He was killed in an alleged encounter with the police while being taken in a van from Navi Mumbai’s Taloja prison to Thane for questioning.

A magisterial inquiry report submitted to the court last month held five cops – senior inspector Sanjay Shinde (Thane crime branch), assistant inspector Nilesh More, head constables Abhijeet More, Harish Tawade and police van driver Satish Khatal – responsible for Shinde’s death.

In his report, submitted in a sealed cover, magistrate Ashok Shengde noted that the “contention raised by the police personnel of right to private or self-defence comes under a shadow of suspicion” due to evidence and other circumstances. Meanwhile, the bench allowed the plea of the four cops seeking the copy of the magisterial enquiry report after advocate Amit Desai, appearing for the state, said the prosecution has no objection if it is handed over to them.

Desai said the policemen are the affected party, and if not from court, they will get it somewhere else. Hence, the state has no objection if it is given to them. The court directed the public prosecutors' office to provide a copy to the policemen within a week.

Later, Desai sought the HC's direction to access some material considered by the magistrate for the inquiry into the alleged encounter. He told the court the material was not with the police as the magistrate had recorded the statements of witnesses separately.

The police investigation into the matter is not over and they are in a better position to analyse the material, Desai told the court. The advocate further told the court that the inquiry commission formed by the Maharashtra government, consisting of retired Chief Justice of Allahabad High Court, has been conducting hearings every 15 days since October last year.

The tenure of the commission has been extended till March 31, Desai informed the court. The minutes of the commission's previous meeting has also requested the state to see how it can procure the documents, material (statements of the witnesses) relied upon by the magistrate for preparing and submitting its report, he said.

The state intends to send the material to the judicial commission, Desai added. Responding to a court's query on why no FIR has been registered against cops indicted in the magistrate's report, the state said the investigation initiated by the CID was still underway.

The investigation is being done as per the requirement of law, Desai said. The defence, however, contended it was "clear case of discrimination in respect to police and a person from a poor family". The matter will be heard further on Friday.