Will Maharashtra challenge HC’s order on cops in custodial death case?

(Left) Akshay Shinde, deceased; (right) Yogesh Kadam, minister of state for home

The Maharashtra government has found itself at a crossroads on whether to comply with the Bombay High Court's order to register a complaint against five police officers under the scanner in the custodial death of Akshay Shinde, a key accused in the Badlapur school sexual assault case, or appeal against the order in the Supreme Court.

On January 20, the division bench of Justices Revati Mohite Dere and Neela Gokhale, after reviewing the findings of the magistrate inquiry report in connection to Shinde's custodial death, directed the state government to lodge a complaint against the policemen concerned. However, ten days after the order, police are yet to act. Asked about the delay in following the court's directions and the government's plans for implementing the same, Yogesh Kadam, the state's minister of state for home, stated, "We might have to appeal in the Supreme Court against the Bombay High Court order."

The Mumbra bypass where Akshay Shinde was shot dead in a police van. File Pic/Shadab Khan

In August 2024, Akshay, a sweeper, was arrested for allegedly sexually assaulting two 4-year-old students of a prominent school in Badlapur - an incident that sparked outrage. The accused died during a police shootout on September 23, 2024. Police officers claimed that Shinde had snatched an officer's gun while being transported from Taloja prison for interrogation, leading to a shootout in which Shinde was fatally injured. Police maintained that the incident was an act of self-defence.

However, Akshay's family contested the police's narrative, alleging that the encounter was staged and called for a thorough investigation into the incident. Following the family's allegations, a magistrate's inquiry was conducted, which cast significant doubt on the police version of events. The inquiry report suggested that Akshay's fingerprints were not found on the gun he allegedly snatched, and no gunshot residue was detected on his hands.

The magistrate's report raised several critical questions about the police's conduct. Five officers - Senior Police Inspector Sanjay Shinde, Assistant Police Inspector Nilesh More, Head Constables Abhijeet More and Harish Tawde and a police driver - are allegedly under the scanner for Akshay's death. According to media reports, in December 2024, the high court also reprimanded state CID for allegedly taking the encounter probe lightly.

To learn more about recent developments in the case, mid-day tried reaching out to Iqbal Singh Chahal, additional chief secretary, home, and Maharashtra Director General of Police Rashmi Shukla. However, both officers did not respond to calls and text messages by press time.

Controversial past

Sanjay Shinde, one of the officers named in the inquiry report, has a controversial track record. Since 2018, he has served in various capacities in Thane, including in the Anti-Extortion Unit and the Anti-Narcotics Cell.

Shinde's history includes multiple incidents that have raised questions about his conduct. In 2012, he was suspended for allegedly allowing murder suspect Vijay Palande, a relative of his, to escape while serving as a police inspector in Mumbai's Crime Branch Unit VIII. Despite recommendations for his dismissal from the then-Mumbai Police Commissioner Arup Patnaik, the Maharashtra director general of police rejected the proposal, allowing Shinde to return to service.

Furthermore, sources within the police suggest that Shinde was involved in an alleged shooting incident in 1998 during the Gatari festival, where he reportedly fired at a colleague while intoxicated. He was suspended during the investigation but was later reinstated, allegedly due to political connections.