The Bombay High Court on Monday sharply criticised the Maharashtra CID for its handling of the investigation into the controversial police shooting death of Akshay Shinde, an accused in the Badlapur school sexual assault case.
The incident occurred on September 23, when Shinde was allegedly killed in a police encounter after he snatched a police officer’s gun. However, the court expressed concern over several irregularities and delays in the probe.
The High Court's division bench, comprising Justices Revati Mohite Dere and Prithviraj Chavan, pointed out the significant gaps in the CID’s investigation, calling attention to the fact that the required material for the magisterial inquiry had not been submitted in a timely manner.
Under the law, a magisterial inquiry is mandatory in cases of custodial deaths, and the court emphasised that such delays hindered the proper course of justice.
One of the most striking aspects the court highlighted was the absence of gunshot residue on Shinde's hands, as well as the lack of fingerprints on the water bottle allegedly handed to him before the encounter.
The court termed these findings “unusual” and raised serious questions about the thoroughness of the investigation. The forensic reports revealed that no residue was found on Shinde's hands, even though such residue typically remains on a person’s hands for up to four days after a gunshot is fired. The court questioned whether proper efforts were made to collect the necessary samples.
Further, the absence of any fingerprints on the 12 water bottles that were reportedly inside the police van raised doubts. The court made it clear that such evidence should not be overlooked, as it directly impacts the credibility of the investigation. The fact that no fingerprints were found on the bottles, despite them being handled by Shinde, led the court to question the integrity of the probe.
The Bombay High Court expressed frustration over the CID's delays in providing the required evidence to the magistrate conducting the inquiry into the case. The bench questioned how the magistrate could conduct a fair investigation if the police failed to submit all the necessary material.
The judges demanded that the CID expedite the process, stressing that the materials should be placed before the magistrate as per the law without further delay. The court also pointed out that if the required reports and evidence were not submitted in time, the magistrate would be unable to complete the inquiry properly.
The court also took strong exception to the CID’s handling of the case, asking Advocate General Birendra Saraf, who represented the state CID, how long he would continue to justify the deficiencies in the investigation.
The judges made it clear that no further excuses for these lapses would be entertained and demanded that the CID complete the probe within two weeks and submit all relevant evidence to the magistrate.
This case has sparked considerable public attention, with Shinde’s father, Anna Shinde, filing a petition in the Bombay High Court, alleging that his son was the victim of a staged encounter.
According to the police, Shinde, who was being transported from Taloja Jail to Badlapur for further questioning, seized a police officer’s weapon during the transfer. Police claimed he fired three rounds before being fatally injured in retaliatory gunfire.
However, the absence of conclusive forensic evidence and the multiple irregularities raised by the court have cast doubt on the police's version of events. The court also emphasised that the probe must remain impartial and transparent, aiming to uncover the truth behind the incident.
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