In a recent hearing at the Bombay High Court, senior advocate Manjula Rao, serving as amicus curiae, argued that an FIR should have been filed following the alleged encounter killing of Akshay Shinde, the accused in a sexual assault case at a Badlapur school. Shinde was killed on September 23, allegedly during a transfer from Taloja prison for questioning, after being arrested for assaulting two minor girls.
During the court session presided by Justices Revati Mohite Dere and Neela Gokhale, Rao pointed out that following Shinde’s death, his parents provided a written statement to the local police expressing doubts about the circumstances of the encounter. Despite their suspicions, only an Accidental Death Report (ADR) was initially filed, and the investigation was later transferred to the state CID.
Rao emphasized that the transfer of the ADR to the CID, along with the documentation provided by Shinde’s parents, should have triggered the filing of an FIR as required by law. “An FIR is mandatory for the investigation to proceed. It is the initial document which sets the investigation into motion,” Rao explained to the court.
Additionally, she noted that there is currently no record of the letter submitted by the victim’s parents to the local police or the Thane Police Commissioner. This oversight raises questions about the handling of the case and the transparency of the proceedings.
The incident reportedly occurred when Shinde, while being transported, allegedly snatched a gun from a police officer and opened fire, leading to him being shot by Senior Inspector Sanjay Shinde. This account has been disputed, prompting further scrutiny and the magistrate’s inquiry into the custodial death.
The magistrate’s inquiry report, which was submitted to the High Court, supported the parents’ allegations, suggesting that the encounter may have been staged. The report implicated five police officers in the death of Shinde. Following these findings, the High Court previously questioned whether the state is obligated to register an FIR.
