'Foul Play': Bombay HC Pulls Up Police Over Badlapur Custodial Death, Asks To Preserve CCTV Footage Of Accused From Taloja Jail To Shivaji Hospital

The Bombay High Court, on Wednesday, pulled up Mumbai police two days after the Badlapur sexual assault accused Akshay Shinde was shot dead in police custody after he allegedly opened fire on a policeman. 

Asking tough questions to the police about the circumstances leading to the 24-year-old’s death, the court noted that there appeared to be foul play in the case and suggested that an impartial probe was needed into the matter. 

The court also directed the police to preserve the CCTV footage from the moment the accused was brought out of the jail till he was declared dead at Shivaji Hospital.

The two-judge bench also asked the Maha govt to collect the Call Data Records, including that of the driver of the police vehicle.

Narrating the sequence of events, the Chief Public Prosecutor, representing the state, said that the accused, Shinde, was being taken to  Badlapur from Taloja jail when he snatched Assistant Police Inspector Nilesh More's pistol and fired at the police team injuring three officials. 

Police then informed the court that Shinde was killed in retaliatory firing by police.

"There appears to be a foul play": Court

After hearing the Mumbai police’s version, the court said, “This is hard to believe. Prima facie, there appears to be a foul play. A layman can’t fire a pistol, unlike a revolver which any tom, dick and harry can do.”

“A weak man cannot load a pistol as it needs strength," the court added.

Questioning the police version of the incident the court asked: "The accused fired three bullets towards the police and only one hit the cop. What about the other two?"

Court questions why the cop shot the accused in head

The court further noted that the police officer, Sanjay Shinde, did not follow the SOP and instead of aiming at the legs or the hands of the accused he shot him in the head. 

To this, the Chief Public Prosecutor responded saying, “The officer did not think this and he just reacted. It was an on the spot reaction.”

The Bombay HC was hearing the petition filed by the accused's father, Anna Shinde, who sought a probe into his son's death in police custody.

Shinde’s father claimed that there was a larger conspiracy behind his son’s killing and that it was done given the upcoming Assembly elections.

The matter will be heard next on Thursday.