Badlapur sexual assault: Probe finds 5 cops responsible for custodial death of accused, HC directs govt to file FIR

On September 23, 2024, the 23-year-old janitor who was arrested the previous month over the alleged sexual assault of two four-year-old girls at a school in Badlapur, Thane, was shot dead while being transported in a police vehicle. Police had claimed he was killed in “retaliatory firing” after he snatched an officer’s service weapon and fired three rounds, injuring an officer. According to police, the man was initially handcuffed, but one of his hands was freed when he requested a glass of water.

The report of inquiry magistrate Ashok R Shendge stated, “The alleged incident happened in a moving vehicle. The four police personnel were in a position where they could easily handle the situation. I have already mentioned that there was no finger print of the deceased on the pistol. Moreover, no gunshot residues were found on handwash, handcuffs and clothes of the deceased… it clearly shows that use of force was not justified and contention raised by police personnel of the right of private defence comes under shadow of suspicion.”

Noting that the five police personnel were present at the time of “encounter”, the magistrate held, “There are a number of grounds as narrated that raise suspicion of the alleged encounter. Therefore, these five police persons are responsible for the death.”

The magistrate further noted that in future, caution has to be taken by the authorities by video recording through dash cameras whenever any person is transported in custody.

“The responsibility of recording should be fixed on the driver of the vehicle. He should check whether recording has started or not. The responsibility of whether the camera is working or not also needs to be fixed on the senior most officer who has taken the vehicle on that day. If the dash camera of the vehicle is not working then driver and officer should immediately inform superior officer and ask for another vehicle,” the report added.

On October 3, the high court, while hearing a plea by the father of the deceased seeking an SIT probe into the alleged encounter death, had ordered an expedited magisterial inquiry under sections 196 and 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Earlier, the court had raised several questions regarding the encounter. On September 25, it questioned the police’s claim that the accused was killed in retaliatory firing, stating that the incident “cannot be termed as an encounter”.

A bench of Justices Revati Mohite-Dere and Neela K Gokhale perused the report sent by the magistrate and noted, “In the said report, it appears the magistrate has come to the conclusion that five persons named in the report are responsible for the death of the deceased.”

It also asked the state government which agency will investigate the matter, to which Public Prosecutor Hiten Venegaonkar responded that the State Crime Investigation Department will do the same.

The high court was also hearing a suo motu Public Interest Litigation (PIL) it had initiated after taking cognisance of news reports over the Badlapur incident. After the Maharashtra government stated that a report by the court-ordered committee of experts set up to examine the safety of children in schools will be submitted by January 31, the high court posted further hearing to February 5.