HC raps Maha CID for lapses in Akshay Shinde encounter probe

The Bombay high court criticized the CID for lapses in investigating the police encounter death of Akshay Shinde, highlighting missing evidence and delays.

MUMBAI: The Bombay high court on Monday criticised the Maharashtra Criminal Investigation Department (CID) for lapses in its investigation into the police encounter in which Akshay Shinde, the accused in the Badlapur school sexual assaults case, was killed on September 23.

HC raps Maha CID for lapses in Akshay Shinde encounter probe

A division bench of justice Revati Mohite Dere and justice Prithviraj Chavan identified several flaws in the investigation and questioned the absence of key evidence, such as gunshot residue on Shinde’s hands and fingerprints on a water bottle given to him, calling these omissions unusual.

The court reprimanded the CID for its delay in gathering evidence required for the mandatory magisterial inquiry into the case. “Our effort is to uncover the truth and ensure a fair probe. If the CID does not provide all materials to the magistrate, how will the inquiry proceed?” the bench said.

The judges also highlighted the prolonged statement-recording process, noting that a report was due but the police were still collecting testimonies. “Why are you delaying? The magistrate’s role is to determine if this was a custodial death. Without proper material, how will this be assessed?”

Advocate general Birendra Saraf, representing the CID, faced pointed questions from the court. “How long will you justify these gaps? The investigation clearly lacks diligence,” the court said, directing the CID to complete its probe and submit all relevant material to the magistrate within two weeks.

The court scheduled the next hearing for December 2.

According to the police, Shinde, while being transported from Taloja jail to Badlapur for questioning, allegedly snatched a police officer’s gun, fired three rounds, and was fatally shot in retaliatory firing near the Mumbra Bypass. The police claimed Shinde’s handcuffs were removed after he requested water, which he drank from a bottle they gave him.

The court reviewed forensic reports and found inconsistencies, noting that no gunshot residue was found on Shinde’s hands and there were no fingerprints on any of the 12 water bottles in the van. “Residue remains on a person’s hands for days. Were proper efforts made to collect samples? And not one fingerprint on any bottle? This is highly unusual,” the bench observed.

Shinde’s father, Anna Shinde, has alleged his son was killed in a fake encounter and petitioned the court for justice. In October, the HC ordered the CID to provide forensic and medical reports, including those related to a police officer reportedly injured in the incident. Shinde, 24, was arrested in August for allegedly sexually assaulting two minor girls at a Badlapur school.