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Oct

Maharashtra: Bombay High Court questions encounter killing of rape accused

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Arshad Shaikh

New Delhi | Friday | 4 October 2024

A disturbing case of sexual assault has shaken the town of Badlapur, located in Maharashtra’s Thane district, as a male attendant allegedly assaulted two four-year-old girls at a nursery school run by the Adarsh Vidya Prasarak Sanstha (AVPS). The accused, identified as 23-year-old Akshay Shinde, reportedly assaulted the young girls in the school’s washroom on August 12 and 13. Shinde, who was allegedly suffering from mental instability, had been married three times in the past two years and had a pregnant wife at the time of his arrest on August 17. The arrest followed an FIR filed on August 16, shortly after the incident was reported.

This horrific crime has sparked public outrage, with thousands of people from Mumbai and Thane taking to the streets, blocking local trains, and demanding swift justice for the victims. The incident gained widespread media attention, particularly as it coincided with the rape of a 31-year-old female trainee doctor at R. G. Kar Medical College and Hospital in Kolkata. As a result, the Badlapur case became a high-profile matter, bringing nationwide focus to the increasing cases of violence against women and children.

Taking swift notice of the gravity of the crime, the Bombay High Court expressed deep concern over the incident, sharply criticizing both the school administration for failing to report the assault immediately and the police for delays in their investigation. The court’s frustration was evident as it questioned the systemic failures that allowed such delays, emphasizing that action should not be taken only when public anger reaches a boiling point. The court asked, "Does the state only move when there is a public outcry? Shouldn't there be immediate action in cases like these?"

 

Article at a Glance
A disturbing case of sexual assault in Badlapur, Maharashtra, has sparked public outrage and raised concerns about violence against women and children. A 23-year-old male attendant, Akshay Shinde, allegedly assaulted two four-year-old girls at a nursery school.
The incident led to widespread protests and demands for swift justice. However, the case took a shocking turn when Shinde was killed in an alleged encounter with police while being transported from jail. The encounter has been criticized as a possible fake encounter, with many questioning the circumstances surrounding Shinde's death.
 The incident has reignited debates about extrajudicial killings and the need for justice to be pursued through proper legal channels. The case serves as a reminder that justice, no matter how delayed, must be delivered through the judiciary, not through vigilantism or police actions.

 

Just as the investigation into the assault was gaining momentum, the case took a shocking turn. Akshay Shinde, who was in police custody, was killed in an alleged encounter while being transported from Taloja Jail to the Thane Crime Branch on September 23. According to police reports, Shinde managed to snatch the revolver of Assistant Police Inspector Nilesh More during transport and fired at the officers. Senior Inspector Sanjay Shinde reportedly shot back in self-defense, fatally wounding Akshay.

The encounter quickly fueled controversy, as many questioned the circumstances surrounding Shinde’s death. Public anger against Shinde had reached a fever pitch, with calls for him to be publicly executed or hanged. The intensity of the public’s emotions was so strong that authorities struggled for a week to secure a burial site for Shinde. He was finally laid to rest at the Shanti Nagar crematorium in Ulhasnagar amidst fierce opposition from local political leaders and residents, who protested his burial in their community.

The highly publicized encounter has raised numerous questions, particularly from opposition political parties, who have accused the government and police of staging a fake encounter to protect higher-ups. Former Maharashtra Chief Minister and Congress leader Prithviraj Chavan described the incident as a "clear-cut case of a fake encounter," pointing out inconsistencies in the police’s version of events. "How could the accused manage to snatch a locked revolver from a policeman while in a vehicle? And why didn’t the police manage to overpower him?" he asked, raising serious doubts about the official narrative.

Similarly, Shiv Sena leader Sanjay Raut questioned the plausibility of a school attendant managing to operate a revolver, especially one that was allegedly locked. "How is it possible for a man with no training to fire a police weapon? The police's explanation simply doesn’t add up," Raut said, echoing the public’s skepticism.

Despite these accusations, leaders from the ruling party defended the police, arguing that those who had been calling for Shinde’s execution should not now be raising objections to his death. BJP leader Sudhir Mungantiwar remarked, "First, they demanded capital punishment for Shinde, and now, when the police acted in self-defense, they are questioning the police. The opposition doesn’t seem to trust the Maharashtra police at all."

Amidst the growing controversy, Akshay Shinde’s father has called for a Special Investigation Team (SIT) probe into his son’s death, alleging that his son was killed in a staged encounter. The Bombay High Court has also expressed skepticism over the encounter, with Justice Chavan questioning whether Akshay could have unlocked and fired a police weapon without proper training. "It requires significant strength to operate a firearm, and the fact that Akshay fired several shots raises serious doubts," the judge observed. The court further noted that the post-mortem report indicated that the bullet was fired at point-blank range, raising further questions about the police’s conduct during the encounter.

As news of Akshay Shinde’s death spread, the streets of Badlapur erupted in celebration, with residents bursting crackers and distributing sweets, calling the encounter "instant justice." However, this public celebration of a suspect’s death raises troubling questions about the state of justice in society. While public anger against Shinde was understandable given the heinous nature of his crime, true justice cannot be achieved outside the legal framework. The encounter has reignited debates about extrajudicial killings, with many seeing the police’s actions as an act of revenge carried out under pressure from public outrage.

This incident is reminiscent of other controversial encounters, such as the 2019 case in Hyderabad, where four men accused of gang rape were killed in a police encounter, a move that was similarly celebrated by the public. While these actions may offer momentary satisfaction, they undermine the rule of law and blur the line between justice and vigilantism. In a civilized society, the judiciary, not the police, must be the ultimate authority in delivering justice.

As the Badlapur case continues to unfold, it serves as a stark reminder that justice, no matter how delayed, must be pursued through the proper legal channels. The encounter death of Akshay Shinde may have satisfied public emotions temporarily, but it also raises fundamental questions about the future of law and order in India.

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