The parents of Akshay Shinde, who was shot dead in an alleged police encounter last year, have told the Bombay High Court that they no longer wish to pursue their petition seeking a Special Investigation Team (SIT) probe into his death.
“Stop the case,” the parents urged the Court, stating that they were not under any pressure but were exhausted from running around for justice. However, a Bench of Justices Revati Mohite Dere and Neela Gokhale refused to dismiss the case outright, observing, “We cannot close it like this,” given the developments in the matter.
The Court also raised concerns over the delay in registering a First Information Report (FIR) against the five Thane police officers held responsible for Shinde’s death in a recent magisterial inquiry. The report, submitted to the Court in a sealed cover, concluded that the officers could have “easily handled the situation” without resorting to deadly force.
During the hearing, the Bench asked the State why no FIR had been filed despite the magisterial report. Special Public Prosecutor Amit Desai, representing the State, contended that an independent probe by the State CID was ongoing and that the inquiry’s findings were non-binding. “A magistrate does not have the powers of investigation. The magisterial inquiry only determines the cause of death, not responsibility,” he argued.
The Court, however, pushed back, stating, “As far as the Accidental Death Report (ADR) is concerned, it has to be taken to a logical end. Further, the court report can’t be on paper without action. It’s a full-fledged report with statements… Is the State not duty-bound to register an FIR?”
Shinde’s parents’ counsel pointed out the disparity in the State’s actions, questioning why an FIR had been registered against Shinde while no similar action had been taken against the police officers, despite the magistrate’s findings. “This is clear discrimination between the poor and the police,” he argued.
The Court has indicated that it will pass an interim order on the issue of FIR registration. It has also allowed five of the indicted officers access to the magisterial inquiry report, directing that they be furnished a copy within a week.
Shinde, accused of sexually assaulting two minor girls at a kindergarten, was shot dead in September 2024 while being transported from jail to court. The officers involved claimed that he attempted to snatch a constable’s gun, leading to the fatal shooting. However, the magisterial report suggests otherwise, raising questions about police conduct in the case.
