Bombay HC raps CID on Badlapur encounter probe; calls gunshot residue, fingerprint aspects 'unusual'

Mumbai: The Bombay High Court on Monday came down heavily on Maharashtra CID for its lackadaisical probe into the killing of the Badlapur school sexual assault case accused in an alleged police shootout on September 23.

The probe into the case has been taken lightly and there are several lacunae, a division bench of Justices Revati Mohite Dere and Prithviraj Chavan observed.

The court also questioned lack of gunshot residue on the deceased Akshay Shinde's hands as well as no fingerprints on the bottle of water given to him and called these "unusual".

It pulled up the CID for delaying in collecting material that is to be submitted to the magistrate that is conducting an inquiry into the case. Under law, a magisterial inquiry is mandatory into cases of custodial deaths.

"Our endeavour is to find out the truth. Our endeavour is to see that every material is collected and placed before the magistrate and the probe is moving correctly. We want a fair probe," the bench said.

The court has to see to it that the investigation is carried out properly and if it is not done so then the question of why it was not done arises, the HC further said.

The court noted that if all material is not placed before the magistrate then the report would not be submitted in time.

"Why are you (CID) delaying the process by not providing details to the magistrate? You are still recording statements. We want all information to be given to magistrate as per law. The report was to come today and police is still recording statements," the HC said.

"See the manner in which the probe has been taken lightly. The magistrate is only going to see if the death was a custodial death or not. If the police does not even submit the proper material then how will the magistrate do its job," the court said.

The bench asked advocate general Birendra Saraf, appearing for the state CID, how long and how far he will go to justify the lacunae in the investigation.

"No expert is required to see and say the manner in which the probe is being carried out," the HC said.

The court directed the CID to ensure the probe in the case is completed in two weeks and all relevant material is submitted to the magistrate.

The court posted the matter for further hearing on December 2.

As per police, on September 23, Shinde snatched the gun of a police personnel while being taken from Taloja jail to Badlapur as part of a probe into another case filed against him. He fired three rounds and was grievously injured in retaliatory firing and was declared dead on arrival at a hospital. The incident took place at Mumbra Bypass in Thane district.

As per police, at the time of the incident, Shinde's handcuffs were removed as he had asked for water, which was given to him in a bottle inside the van.

The court on Monday, after perusing the forensic reports, said it was "unusual" that no gunshot residue was found on the deceased's hands and no fingerprints were found on the water bottles.

"This is something unusual. The residue remains on a person's hand for three to four days. Was proper effort taken to procure the sample," the court asked.

"Not a single fingerprint was found on any of the 12 bottles. How to believe this," the court said.

Shinde's father Anna Shinde had filed a petition in HC claiming his son was murdered in a fake encounter.

Last month, the HC directed the CID, which was assigned the probe by the state government, to submit all forensic reports as well as the medical report of the injured police officer.

Shinde, 24, was arrested in August for allegedly sexually assaulting two minor girls at a school in Badlapur at Thane district.