PIL Filed Before Supreme Court: Seeks SIT Probe into Controversial Badlapur Encounter

(Judicial Quest News Network)

In a significant development stemming from the controversial encounter killing of Akshay Anna Shinde, the accused in the Badlapur sexual assault case, a Public Interest Litigation (PIL) has been filed before the Supreme Court of India. The petition seeks the establishment of a Special Investigation Team (SIT) to thoroughly investigate the circumstances surrounding Shinde’s death, which occurred on September 23 while he was in police custody.

Shinde had been implicated in a heinous sexual assault case involving minors, prompting his arrest and subsequent remand to judicial custody. The Bombay High Court recently raised pertinent questions regarding the police’s account of Shinde’s death, suggesting that the narrative of a legitimate encounter may not align with the facts. The court’s scepticism arose following reports that Shinde allegedly seized a constable’s firearm while being transported to Taloja jail, leading to the fatal shooting by police officers.

The PIL, filed by Mumbai-based lawyer Ghanshyam Upadhyay, advocates for a court-monitored probe into this encounter incident. Among the key demands outlined in the petition are:

1. Registration of an FIR: The petition calls for the immediate filing of a First Information Report (FIR) regarding Shinde’s killing, initiating a formal investigation into the circumstances surrounding his death.

“FIR needs to be registered against them under applicable provisions of law, including Sections 302 r/w 120B of IPC and since policemen including higher police authority and even people in powers prima-facie appear to be involved in the case of killing of accused and then giving the said killing colour of police encounter, it is not only desirable but also necessary in the interest of justice that the investigation of the case is c a r i e d o u t b y an SIT constituted by this Hon’ble Court to ensure that the investigation is carried out in true, fair, impartial, unbiased and uninfluenced manner and thus, such SIT consists officials of impeachable character drawn not only from CBI, but also investigating agency of such State where the people/political parties who are partners in powers/government at State of Maharashtra level and/or Central level, are not in powers and in the process, in order to ensure further transparency and fairness in the investigation, such SIT is headed by a retired Judge of this Hon’ble Court and the investigation is also monitored by this Hon’ble Court”

• Composition of the SIT: Upadhyay proposes that the SIT tasked with investigating this case should comprise members from various investigative agencies, including retired officials and personnel from the Central Bureau of Investigation (CBI), ensuring a comprehensive inquiry.
• Suspension of Involved Officers: The PIL further calls for the suspension of police officials who are suspected of involvement in the encounter, thereby allowing for an impartial investigation without undue influence.
• Implementation of Body Cameras: The petition emphasizes the need for the Central Government to mandate the use of body cameras by police officers during operational duties, enhancing transparency and accountability in police actions.

“When in many countries of the world and more particularly in America law enforcing agencies/ police are kept in constant surveillance while on duty by use of body camera known as ‘body-cam’ fitted in their uniform, weapon etc. and it is mandate that they are required to keep the said body camera on all the times while on duty and if the same is found turned off then disciplinary action is taken against such officers and therefore there is no reason that the similar technology and method is not adopted in our country to curb the menace police atrocities, custodial torture, ill treatment, custodial death, fake police encounter, etc. which are very common in our country.”

• Independence from the CBI: Given recent concerns voiced by the Supreme Court regarding the CBI’s perceived limitations in certain cases, Upadhyay suggests that the SIT operate independently from the CBI to prevent any potential conflicts of interest.

“In order to ensure further transparency and fairness in the investigation, such SIT needs to be headed by a retired Judge of this Hon’ble Court and the investigation is also monitored by this Hon’ble Court and thereafter, strict actions are taken against policemen and all those who are involved in killing of the said accused by taking law in to their hands.”

• Leadership by a Retired Judge: To further bolster the credibility of the investigation, the petition proposes that the SIT be led by a retired Supreme Court judge, ensuring impartiality and judicial oversight.

The Bombay High Court is concurrently addressing the broader implications of the encounter, as it has been examining the details surrounding Shinde’s death. This scrutiny comes in the wake of the shocking allegations involving the sexual assault of minors, an issue that has drawn significant public attention and outrage.

In the context of the sexual assault allegations, Akshay Shinde was accused of perpetrating crimes against young children within a school environment, leading to his initial arrest. After being detained, Shinde was taken into custody again in connection with a separate complaint filed by his wife, which further complicated the ongoing investigations.

During transportation to Thane, reports indicate that Shinde attempted to grab a constable’s firearm, resulting in an altercation where he was shot dead by another officer in the vehicle. The subsequent transfer of the case to the Crime Investigation Department (CID) reflects the complexity and high stakes involved in this tragic incident, underscoring the need for a meticulous and unbiased examination of the events that unfolded.

The Supreme Court’s consideration of the PIL represents a crucial step in addressing the myriad concerns surrounding police accountability and the integrity of investigations into alleged police misconduct, particularly in sensitive cases involving sexual offenses. As the judicial proceedings progress, the eyes of the public and legal community remain firmly fixed on the unfolding narrative and its implications for justice in India.