An FIR should have been registered in the alleged encounter of the Badlapur school sexual assault case accused after written information was submitted by his parents raising suspicions about the killing, senior advocate Manjula Rao told the Bombay High Court on Monday, reported news agency PTI.
Rao has been appointed as amicus curiae (friend of the court) to assist the court in the case.
Accused Akshay Shinde was arrested in August last year for allegedly sexually assaulting two minor girls inside the toilet of a school in which he was an attendant, and he was killed in an alleged Badlapur encounter on September 23 while being being taken from Taloja prison for questioning, reported PTI.
Rao told a division bench of Justices Revati Mohite Dere and Neela Gokhale that following the incident, Shinde`s parents had given written information to the local police in which they raised suspicion about the killing.
The police had registered an ADR (accidental death report) in connection with the alleged Badlapur encounter and the probe was later transferred to the state CID.
When the ADR was transferred to CID, it is pertinent that they would have got written information submitted by Shinde`s parents, along with other documents, based on which an FIR ought to have been registered, Rao told court, reported PTI.
An FIR is mandatory as per the provisions of law so that the investigation can proceed, she said.
It is an initial document, which sets the investigation into motion, Rao told court.
Further, she submitted before the bench that till today there is nothing on record in regards to the letter submitted by the victim`s parent to the local police station as well as to the Thane police commissioner, reported PTI.
The bench is hearing the petition of Shinde`s parents related his custodial death.
As per police, Akshay Shinde was shot at by senior inspector Sanjay Shinde after the accused snatched the gun of a personnel and opened fire. Assistant police inspector Nilesh More, two constables and the police driver were also present in the van at the time of the alleged shootout. The accused was being taken for questioning in connection with a case lodged against him by his former wife, reported PTI.
Since it was a custodial death, as per law, a magistrate conducted an inquiry and submitted his report to the HC.
The magistrate, in his report, said there was substance in the allegations made by the parents that this was a fake encounter.
As per the inquiry report, five policemen were responsible for the death of the accused.
In the last hearing, the HC bench had said, since the report had come, the question is whether it is incumbent on the state to register a FIR or not, reported PTI.
The state government has to tell us whether FIR ought to be registered or not, the HC had said.
(With inputs from PTI)
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