Court keeps in abeyance findings indicting cops for 'encounter' of accused

In a partial relief to five policemen indicted for the custodial death of an accused in Badlapur sexual assault case a sessions court has kept in abeyance findings of a magistrates inquiry report questioning the legitimacy of the alleged encounter reported news agency PTIAdditional sessions judge D R Deshpande in the order on February 21 however said the probe being carried out by the state Crime Investigation Department CID into the custodial death shall proceed as it was being done independent of the magistrates report reported PTIThe accused Akshay Shinde was arrested in August 2024 for allegedly sexually assaulting two minor girls inside the toilet of a school in Badlapur area of Maharashtras Thane district He was an attendant at the school reported PTIOn September 23 last year Shinde was killed in the alleged police shootout while being taken from Taloja prison in Navi Mumbai for questioning in connection with a case lodged against him by his wifePolice claimed he snatched the gun of one of the cops in the police van opened fire and was killed in retaliatory firingHe was shot at by senior police inspector Sanjay Shinde Assistant police inspector Nilesh More the two constables and a police driver were also present in the van at the time of the shootout reported PTIThe magistrate had in his report indicted senior PI Sanjay Shinde of the Thane Crime Branch assistant PI Nilesh More head constables Abhijeet More and Harish Tawade and constable Satish Khatal reported PTIHe held them responsible for the death of the Badlapur sexual assault case accused while in custody and raised doubts on their claims of opening fire at him in selfdefenceThe report said the policemen despite being in a position to control the situation failed to do so and the use of such force was not justifiedIt also said there was substance in the allegations made by parents of the accused that it was a fake encounterThe court in its order said pending final hearing of the policemens revision application findings of the magistrates inquiry report regarding two paragraphs need to be kept in abeyance reported PTIThe effect and operation of the findings of the magistrate particularly the concluding paragraphs 81 and 82 is kept in abeyance till the next day the court said reported PTIParagraph 81 questioned whether the use of force was justified and emphasised the policemen were in a position where they could have easily handled the situationParagraph 82 said there were grounds of suspicion against the policemen and the allegations made by parents of the deceased accused that it was a fake encounter find substance if forensic reports are considered reported PTIThe five policemen were escorting the accused from the Taloja prison to Kalyan for questioning and they claimed that he grabbed a pistol of one of the security personnel and opened fire The police then shot him in retaliationAs per law a magisterial inquiry is initiated in cases where an accused dies in police or judicial custodyThe five police personnel earlier this month filed a revision application before the Thane sessions court against the findings made in the magistrates inquiry report reported PTIThe policemen in their application claimed the magistrate overstepped his jurisdiction in holding them responsible for the death of the accusedThe application said the magistrates inquiry is only to ascertain the cause of death in cases of custodial deaths and to not indict anyoneThey sought quashing of the unwarranted findings of the magistrate and to stay the effect and operation of the same reported PTISpecial public prosecutor Ajay Misar submitted to the court that the state CID was investigating the matter independent of the magistrate inquiry reported PTIThe magistrates report also made certain suggestions as to how such incidents could be avoided in futureThese five police persons were present at the time of the encounter There are a number of grounds that raise suspicion over the alleged encounter Therefore these five police persons are responsible for the death the report had said reported PTIThe sessions court said the accuseds family also must be given a reasonable and elaborate opportunity to be heard or oppose the revision applicationThe court however clarified that while it has kept the inquiry report findings in abeyance the investigation being carried out by the CID shall continue reported PTIIt directed the police officials to implead the accuseds parents as respondents in their application and issued notice to themThe court posted the matter for further hearing on March 5With inputs from PTI