Mumbai: The Bombay High Court on Wednesday asked the State CID to conduct a fair and impartial probe into the alleged encounter of Badlapur sexual assault accused. The court said that it did not suspect the police but expressed that they must come clean.
It emphasised that if the probe is not conducted properly then it would be constrained to pass appropriate orders.
“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,” a bench of Justices Revati Dere and Prithviraj Chavan said.
Bombay HC's Direction For Forensics Evidence
The HC has directed that the forensics evidence be taken with proper care. It has asked that “handwash” of all the four policemen be taken to check for gunpowder residue. Also CDR of all policemen and the vehicle’s driver be seized. Additionally the HC has asks that the CCTV footage of Taloja jail, hospital where deceased was taken be preserved along with the footage from all the CCTVs on the way.
The HC has kept the matter for further hearing on October 3 by when the police has to inform what decision has been taken on the complaint filed by father of the deceased seeking registration of FIR against the police officers.
Court Directs Police To Hand Over The Papers To CID
The court has also directed the police to hand over the papers to CID in the course of the day. It questioned the delay in handing over the papers. Asking tough questions regarding the timeline of events and said they the “shoutout could have been avoided”.
The bench grilled the police in how a lean person like the deceased could have overpowered four policemen. It asked how the deceased could have snatched the service pistol from the police holster, unlocked it and fired without the police managing to overpower him first.
The HC was hearing a petition filed by the father of the accused seeking a special investigation team to probe the "fake encounter". He has also sought compensation.
The probe was handed over to the CID on Tuesday.
