MUMBAI: Questioning whether police firing could have been avoided, Bombay high court on Wednesday sought a fair and impartial investigation into the killing of the accused in the Badlapur sexual assault case in custody.
“We want to know the truth. We are not remotely suspecting activities done by police. But come clean,” said Justices Revati Mohite Dere and Prithviraj Chavan.They asked for forensic evidence including gunshot residue and fingerprints, CCTV camera footage and call data records to be collected.
They were hearing a petition by the father of the accused seeking a probe by a special investigation team into the “murder” of his son. He also sought registration of FIR against erring officers and compensation. His counsel said the parents of the accused met their son at 4pm in Taloja prison. Counsel also read the father’s letter to the authorities that his son was weak and had asked them to send him 500 to avail of canteen facilities.
The advocate read the father’s letter to the authorities that his son was weak and had asked them to send him 500 by money order to avail canteen facilities. “He was not in a mental state for committing such an act as alleged by the prosecution,” he added.
Justice Chavan said it was “hard to believe” that a man of slight built such as the accused could not be overpowered by four policemen in the van when he turned violent or that he could pull the slide back on a 9mm pistol for firing which “requires strength.”
The shooting took place on the Mumbra bypass road around 6 pm on Sept 23 after the police had taken custody of the accused from Taloja jail. He was being taken to Thane crime branch office for questioning when he allegedly turned aggressive and snatched a weapon resulting in a scuffle which led to the shooting. He was declared dead at 7.52 pm at Chhatrapati Shivaji Hospital, Kalwa.
Police have registered an FIR under Bharatiya Nyaya Sanhita Section 307 (attempt to murder) against the deceased for trying to fire at the police. However, they have not registered an FIR on the father’s complaint that it was a fake encounter.
Public prosecutor Hiten Venegavkar told the court that the probe has been transferred from crime branch, Thane to the State CID wing on Tuesday. He said two FIRs-one under Sec 307 and another for accidental death-have been transferred to it.
During the hearing, the judges went through a timeline of events on Sept 23 and 24 and raised questions including whether the scene of the killing was sealed and the weapon seized.
The judges were miffed when told investigation papers were still not handed over to State CID and directed that the papers be immediately moved. They directed the collection of handwash for gunshot residue and fingerprints of officers and the deceased accused. The judges posted the next hearing on October 3.