Bombay High Court criticises CID over custodial death probe in Badlapur case

Akshay Shinde was fatally shot by a police officer on September 23 near the Mumbra bypass in Thane district. Bombay High Court pulled up CID for failing to provide necessary evidence to the magistrate probing the custodial death case.

In Short

• Akshay Shinde's family lawyer alleges site is hotspot for police encounters
• Bombay High Court questions absence of gunshot residue, water bottle fingerprints
• CID given two weeks to complete investigation and report findings

The Bombay High Court on Monday criticised the Crime Investigation Department (CID) for failing to provide all relevant evidence to the magistrate conducting an inquiry into the custodial death of Akshay Shinde, the accused in the Badlapur sexual assault case.

Shinde was fatally shot by a police officer on September 23 near the Mumbra bypass in Thane district. The police claimed that Shinde became violent and attacked an officer after his handcuffs were removed to allow him to drink water from a bottle inside the police van.

During the hearing, Shinde's family’s lawyer, Amit Katarnaware, alleged the location of the incident was a known site for encounters, with three such cases occurring within a two-kilometre radius.

Advocate General Dr Birendra Saraf submitted a request for four additional weeks to complete the magistrate’s inquiry. The court, however, expressed concerns over the investigation, questioning the absence of gunshot residue on Shinde's hands and the lack of fingerprints on the water bottle.

“These are unusual omissions,” the court observed, stressing the need for a thorough and unbiased probe.

The bench reviewed medical reports from both a civic hospital and a private facility regarding the injured police officer, who has since been discharged and is recovering at home.

“Our goal is to uncover the truth and ensure that all relevant evidence is presented to the magistrate,” the bench stated, directing the CID to complete its investigation within two weeks and submit the findings to the court.

Under the law, a magisterial inquiry is mandatory in cases of custodial deaths. The court has scheduled the next hearing for December 2.

Shinde was arrested in August for allegedly sexually assaulting two minors at a school in Badlapur. He was reportedly being transported from jail to a police station for questioning in a new case filed against him at the time of his death.