Badlapur case: Thane cops reject 'fake encounter' claim, seek Bombay HC nod to intervene in hearing

Akshay Shinde. File pic

Two cops from Thane police indicted by a magistrate for the custodial death in Badlapur case on Monday denied claim he was killed in a "fake encounter" and moved the Bombay High Court seeking nod to intervene in the hearing related to the matter, reported the PTI.

The duo, in their interim application filed before a division bench, rejected the claim made by the father of the accused, Akshay Shinde, that he was killed in a "fake" encounter in adjoining Thane district on September 23 last year.

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The police officials stated any order passed in the matter without hearing them "would cause a great loss to their reputation in the society", according to the PTI.

The move by senior inspector Sanjay Shinde (Thane crime branch) and Assistant Inspector Nilesh More came days after a magistrate's inquiry held five policemen, including the duo, responsible for the custodial death of Akshay Shinde (24), who was accused of sexually assaulting two minor girls inside the toilet of a school in Badlapur town of Thane district of Maharashtra, as per the PTI.

Akshay Shinde was an attendant at the school.

The inquiry raised doubts on their claims of opening fire at the accused in self-defence when he was being taken from Navi Mumbai's Taloja prison for questioning in a van. The police had then claimed Akshay Shinde snatched the gun of one of the cops in the van, opened fire, and was killed in retaliatory firing.

The report was submitted before the Bombay High Court, where Akshay Shinde's father Anna Shinde had filed a petition alleging his son was killed by the Thane police in a staged encounter.

More, who had received a bullet injury in the alleged shootout, has urged the court to provide him a copy of the magistrate's probe report. While Sanjay Shinde has sought to intervene in the hearing of the victim's father's petition.

The HC will hear the matter next on February 6 (Thursday).

According to the PTI, Magistrate Ashok Shengde, in his report tendered in the HC last month, noted that allegations levelled by Akshay Shinde's parents -- that their son was killed in a fake encounter -- had substance if all evidences, including forensic reports, are considered.

A division bench of Justices Revati Mohite Dere and Neela Gokhale, after perusing the report, had said the Maharashtra government was bound to register a case based on the inquiry and sought to know which probe agency would investigate the matter, the PTI had reported.

Besides the duo, the other police officials indicted in the report were head constables Abhijeet More, Harish Tawade and police van driver Satish Khatal.

The magistrate had noted 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.

"The magistrate has conducted an inquiry and submitted its report. In the report, the magistrate has concluded that the five cops are responsible for the death of accused Akshay Shinde," the Bombay High Court had observed after the report was submitted.

According to the probe report, "It is necessary to consider whether the use of force was justified. The vehicle was in moving condition. The alleged incident happened in a moving vehicle. The four police persons were in a position where they could easily handle the situation," the news agency reported.

It also took note of the findings of the Forensic Science Laboratory (FSL) which has concluded that there was no fingerprint of the deceased on the pistol which he is alleged to have snatched from one of the policemen accompanying, and opened fire, the PTI reported.

(with PTI inputs)