Bombay High Court Criticizes Thane Court for Withholding Magisterial Report on Akshay Shinde Encounter

The Bombay High Court expressed significant concern over the Thane sessions court’s decision to keep in abeyance a magisterial report concerning the encounter killing of Akshay Shinde, who was a suspect in the Badlapur school sexual assaults case. This encounter has sparked widespread controversy and allegations of extrajudicial actions.

Justice Revati Mohite-Dere and Justice Neela Gokhale presided over the case, responding to a petition by Akshay’s father, Anna Shinde. Anna Shinde has alleged that his son’s killing was politically motivated and staged, demanding a thorough investigation. The plea for justice is intensified by previous attempts by Anna Shinde to withdraw his petition due to delays in the judicial determination regarding the accountability of the involved police officers.

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During Thursday’s proceedings, the high court scrutinized the state government’s stance and the maintainability of revising the magistrate’s findings, describing the approach as “shocking.” Senior advocate Amit Desai and public prosecutor Hiten Venegaonkar, representing the government, admitted to having no specific instructions on how to proceed with the magistrate’s report.

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In an effort to ensure a comprehensive review, the court appointed senior advocate Manjula Rao as amicus curiae, taking over from Anna Shinde who had expressed frustrations with procedural delays. The high court emphasized the need for an unbiased examination to reach a “logical conclusion” regarding the conflicting reports about Shinde’s death.

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Akshay Shinde was accused of sexually assaulting two young girls at a pre-primary school in Badlapur East and was killed under controversial circumstances by the Thane police on September 23, last year. The police narrative states that Shinde, while being transported, managed to snatch a service pistol, leading to an altercation where he was fatally shot. However, the judicial inquiry raised questions about the police’s account, suggesting potential misconduct.

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