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

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 PTIThe 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 yearThe 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 PTIThe move by senior inspector Sanjay Shinde Thane crime branch and Assistant Inspector Nilesh More came days after a magistrates 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 PTIAkshay Shinde was an attendant at the schoolThe inquiry raised doubts on their claims of opening fire at the accused in selfdefence when he was being taken from Navi Mumbairsquos 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 firingThe report was submitted before the Bombay High Court where Akshay Shindes father Anna Shinde had filed a petition alleging his son was killed by the Thane police in a staged encounterMore who had received a bullet injury in the alleged shootout has urged the court to provide him a copy of the magistrates probe report While Sanjay Shinde has sought to intervene in the hearing of the victims fathers petitionThe HC will hear the matter next on February 6 ThursdayAccording to the PTI Magistrate Ashok Shengde in his report tendered in the HC last month noted that allegations levelled by Akshay Shindes parents that their son was killed in a fake encounter had substance if all evidences including forensic reports are consideredA 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 reportedBesides the duo the other police officials indicted in the report were head constables Abhijeet More Harish Tawade and police van driver Satish KhatalThe magistrate had noted the ldquocontention raised by the police personnel of right to private or selfdefence comes under a shadow of suspicionrdquo due to evidence and other circumstancesThe 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 Shinderdquo the Bombay High Court had observed after the report was submittedAccording to the probe report ldquoIt 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 reportedIt 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 reportedwith PTI inputs