Badlapur encounter: Victim’s parents pressured to withdraw SIT probe demand into sexual assault prior to shootout

Locals burst crackers to celebrate the killing of Shinde. Pic/X

Parents of one of the minor victims of the Badlapur POSCO case are under tremendous pressure, as some vested interest people have been pressuring them to withdraw their complaint demanding a thorough probe by the Special Investigation Team (SIT) in the case.

The shootout incident of Monday, that killed Akshay Shinde, the accused in the POSCO case, has left the parents further shaken, claims Advocate Asim Sarode, who with his two associates Advocate Shriya Awale and Advocate Ajinkya Gaikwad, is fighting pro-bono (free case) for the mother of the victim before the special court in Kalyan.

The advocates will now move an application in the Bombay High Court, demanding a court-supervised judicial probe into the shootout and subsequent killing of Akshay.

Contentions

Advocate Sarode, said, "Our first contention is that the complainant (victim's mother) while recording her complaint has narrated certain facts to the police, which should have been noted down. But we have found some discrepancies in the complaint registered by Badlapur police wherein the police have distorted the facts told by her. Therefore, we have decided to file a detailed affidavit in the case, by making a written submission of her actual complaint to the court."

Phone calls

Advocate Sarode claimed that the second contention is that the complainant received a phone call, a few days ago. The caller (a male) asked her to withdraw the separate complaint demanding a thorough SIT probe into the case. A similar phone call was received by Advocate Sarode, too but the call was from a police officer. I did not pay much heed to the phone calls received." However, the Monday shootout incident, and earlier phone calls, have put tremendous stress on the complainant.

Victims' justice not priority

"The Badlapur school management has its proximity to certain politicians and the image of the school was getting tarnished due to the public outcry and media attention. The shootout only corroborates that the image and reputation of those in power and school were given priority over giving justice to the victim, by adhering to due process of criminal justice trial," said Advocate Sarode.

Killed the process of Justice

"I am not at all concerned with the death of the accused but I am unhappy, disturbed, and worried that the death of the accused has actually ‘killed the process of Justice', " said Advocate Sarode. "Our role in the entire case is limited to supporting the victim girls in the Special Court, Kalyan and it is free legal service we are providing. We too intended that the accused, if guilty, should be punished following the due process of law, so that such heinous crime should become a deterrent," said the advocate.

‘Opened Pandora's box'

"The trial against the accused would have helped the society to identify the loopholes within the educational institutions, and the undue advantage of which the accused had taken while committing such crimes," said the advocate. "Further investigation into the case, would have surely led us to trace the role of the other accused in the case who are still absconding as per the police reports and further their role in the present matter would have been identified, thereby opening the entire pandora's box,' the advocate added.

‘False story'

"Everything prima facie is concocted and a false story, hence we are demanding a court-supervised judicial probe into the shootout," said Advocate Sarode. When asked, if he was also the advocate for Akshay Shinde, Sarode replied in a negative, clarifying that, as a human rights advocate, I have always condemned police custodial torture and extra-judicial killings. This case, too, raises many doubts.

For instance, "Shinde was an accused in two separate cases, and the matter was before the City Civil and Sessions Court, Kalyan, as per my information, both the judges were on leave on Monday, in that case, before whom Shinde would have been produced after police sought his transit remand and took his custody from Taloja prison."

"It is surprising that other policemen were mute spectators to the incident and did not bother to overpower Shinde before he could snatch the weapon and start firing the rounds," Sarode asked.

"Encounter ideology is criminal ideology, the supreme court has stated in (PUCL v/s Govt. of Maharashtra case) referenced 99 encounters and 135 deaths between 1995-99. Also in numerous other custodial death cases, the apex court has made serious observations," said Advocate Sarode.

Justice destroyed

"Unfortunately, the death of the accused has destroyed the lawful process of justice. Such extra-judicial encounters violate the victim's right to seek justice and hence such acts should not be celebrated or looked upon as a way to deliver justice," said Advocate Sarode. "We will remain a nation of people with backward thoughts unless we realise that due process of law shall be prevailed" concluded Advocate Sarode.