The Bombay High Court has recommended criminal charges against five Thane police officers related to the custodial death of Akshay Shinde. An inquiry report deemed the police’s use of force unjustifiable, suggesting that Shinde’s death was avoidable. The case has been referred to the Criminal Investigation Department for further investigation and accountability.
Mumbai: The Bombay High Court has suggested registering a criminal case against five Thane police officers following a magisterial inquiry into the custodial death of Akshay Shinde, a Badlapur sexual assault accused. The inquiry report, presented to the court in a sealed cover, concluded that the use of force leading to Shinde’s death was unjustified and avoidable.
The Alleged Encounter
Akshay Shinde, 24, was arrested in August 2024 for allegedly sexually assaulting two kindergarten girls in a school toilet in Badlapur. He was in judicial custody at Taloja Jail when, on September 23, 2024, police took him for questioning in connection with another case filed by his wife. According to the police, during transportation to Thane, Shinde allegedly grabbed a gun from a constable, injured him, and was subsequently shot dead by another officer in the vehicle.
Magisterial Inquiry Findings
A report submitted by a Thane magistrate to the Bombay High Court contradicted the police’s account. The inquiry highlighted:
- The incident occurred in a moving vehicle, and the situation could have been easily managed without lethal force.
- Shinde’s fingerprints were not found on the firearm he allegedly snatched.
- No gunshot residue was detected on Shinde, casting doubt on the claim that he fired a weapon.
The report supports allegations made by Shinde’s parents that the encounter was staged. The Bench of Justices Revati Mohite Dere and Neela Kedar Gokhale remarked,
“The magistrate has conducted an inquiry and concluded that the five cops are responsible for the death of accused Akshay Shinde.”
Court’s Directives
The High Court has urged the state government to file a First Information Report (FIR) against the five police officers involved. The officials include:
- Senior Police Inspector Sanjay Shinde of the Thane Crime Branch
- Assistant Police Inspector Nilesh More
- Head Constables Abhijeet More and Harish Tawade
- A police driver
The Bench directed the government to determine which investigative agency would handle the case.
“You are bound to file an FIR based on this magistrate report. Tell us which agency will investigate the matter,”
the court stated. It also instructed the registry to furnish copies of the inquiry report to both the prosecution and Shinde’s father, Anna Shinde, who had filed a petition seeking a probe into his son’s death.
Public Prosecutor’s Assurances
Public Prosecutor Hiten Venegaonkar assured the court that appropriate actions would follow in accordance with the inquiry report. He confirmed that the report would be forwarded to the State Human Rights Commission for further review. The prosecution will update the court within two weeks on the agency chosen to investigate the case.
Background of the Case
Shinde was accused of a heinous crime that drew significant public outrage. He was arrested for allegedly abusing two minor girls in a school bathroom in August 2024. Following his death, his parents alleged that the police orchestrated a fake encounter to eliminate him.
The police’s narrative claimed that Shinde attempted to escape during questioning, snatched a firearm, and injured a constable, forcing another officer to shoot him. However, the magistrate’s report dismantles this account, revealing that the incident could have been handled without resorting to such extreme measures.
Legal and Institutional Implications
Under Indian law, a magistrate inquiry is mandatory in cases involving custodial deaths. The magistrate’s findings hold significant weight and have now led to a call for criminal action against the officers involved. The High Court noted that the government is obligated to act on the inquiry report to ensure accountability.
The court also acknowledged its prior suo motu cognizance of the Badlapur sexual assault case, emphasizing the need for systemic changes to ensure student safety in educational institutions. Public Prosecutor Venegaonkar informed the court that the State Education Department’s expert committee is working on recommendations, with the report expected by January 31.
Next Steps in the Investigation
The case has been transferred to the Criminal Investigation Department (CID) for further examination. The High Court has retained custody of the original inquiry report and supporting documents, ensuring they remain available for the prosecution during the investigation.
“We shall keep the original report and all documents and witness statements annexed to it with us for now. The prosecution might need it later when it probes the case,”
the court noted.
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