PUCL Maharashtra condemns 'extrajudicial killing' of Badlapur sexual assault case accused Akshay Shinde

Akshay Shinde. File pic

The People's Union for Civil Liberties (PUCL) Maharashtra on Saturday issued a statement condemning the extrajudicial killing of Akshay Shinde, the accused in the recent Badlapur sexual assaults case.

The incident occurred on September 23, 2024, when Shinde was shot dead while being escorted for investigations in an another case registered against him.

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The PUCL Maharashtra, in its statement, expressed concerns about the incident.

It said that while the Maharashtra government has on October 2, 2024 appointed a judicial commission to investigate the case even as the Bombay High Court was seized of the matter, considering the serious issues that the case has brought up which are set out below, PUCL Maharashtra states that it is pertinent that the investigation be conducted through a court-appointed Special Investigation Team (SIT) under court supervision, to enable a fair and independent investigation in the case with a view to ascertain the truth and secure strong evidence, and ensure accountability and justice.

The organisation has called for a thorough investigation into the circumstances surrounding Akshay Shinde's death, which they believe raises serious questions regarding police conduct and accountability.

It said that according to reports, Akshay Shinde was being transported by a 10-member police team when he allegedly seized a police officer's firearm and fired at the officers. The police responded by shooting Shinde in the head, resulting in his death. This sequence of events has drawn public scrutiny, especially given the public outrage following the sexual assaults of two minor girls, which had already highlighted issues of police negligence and accountability.

PUCL stated that the Maharashtra government has established a judicial commission to investigate the killing, but the organization insists that a court-appointed Special Investigation Team (SIT) is essential to ensure an impartial inquiry.

"The extrajudicial killing of an accused in police custody is a serious violation of the right to life as outlined in Article 21 of the Indian Constitution," PUCL stated.

It said, "Such actions undermine the credibility of our criminal justice system and set a dangerous precedent."

The PUCL also noted that Akshay Shinde's death has further complicated the already sensitive Badlapur sexual assaults case, which has seen significant public attention and protests.

Allegations of police misconduct, including delays in filing the FIR and conducting medical examinations for the victims, have fueled demands for justice from civil society groups and political opposition.

The PUCL Maharashtra has in its letter demanded:

1. An FIR be registered on the basis of the complaint of the deceased's family in the extrajudicial killing of Akshay Shinde, accused in the Badlapur sexual assaults case. A Special Investigation Team be appointed by the court to investigate the case. The investigation be court monitored and timely reports of investigation be submitted to the court to ensure that the case is investigated fairly, thoroughly and without any external influence, keeping in mind that the police officers involved are from the Crime Branch. Ensure that all evidence is collected impartially and the case is prosecuted effectively.

2. The investigation must also inquire into the Badlapur sexual assaults case, to rule out any conspiracy to cover up that case, and to explore its connection to the extrajudicial killing in terms of the allegations made by the family of the deceased, the revelations post the encounter that raise suspicions on the circumstances in which the incident occurred and questions concerning the police officers involved in the incident. A fair and proper investigation is necessitated in the Badlapur sexual assaults case in order to ensure justice to the minor survivors.

3. The case be tried expeditiously to ensure justice. Protection be provided to the witnesses and safety of the family of the deceased Akshay Shinde be ensured.

4. Ensure full compliance of the Supreme Court guidelines on extra-judicial killings in the case of PUCL vs State of Maharashtra (2014), the NHRC guidelines and the letter of law.

5. The state government must take serious efforts to ensure that extrajudicial killings do not occur in our State and that the rule of law is upheld and justice is ensured for all.