Badlapur encounter: Forensic concerns loom over Akshay Shinde shootout case

Experts warn that moving the police van disrupts vital evidence collection and undermines investigations

The new Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates a forensic investigation and videography of the entire process at the crime scene for all offences that carry a punishment of seven years or more, as stated in clause (3) of Section 176.

However, there is concern that the crime scene involving the police van in the Akshay Shinde shootout case may have been disturbed. This has raised alarm among forensic experts and advocates who are closely monitoring the case. The apprehension stems from the fact that the police van, where the shootout occurred, was not parked at the crime scene itself. Had it been, forensic investigators could have conducted a detailed analysis and collected crucial ballistic evidence without interference.

Nisha Menon,  forensic expert and consultant

Interestingly, a forensic team was seen inspecting the police van, which was parked at the Thane police ground on Tuesday. After the inspection, the van was relocated to a makeshift pandal nearby.

Apprehension

Confirming these concerns, B B Daundakar, former director of the State Forensic Science Laboratory in Kalina, said, “After the shootout, it would have been advisable for the police to stop and park their vehicle without moving it and to protect the crime scene for forensic investigation at the crime spot (Mumbra Bypass). The police could have immediately contacted the control room to report the shootout and requested emergency backup, including an ambulance for the injured and alert the forensic team for crime spot / scene  investigation.”

Crucial forensic leads

Daundakar explained that if the police van had been preserved at the crime scene, it would have helped forensic experts find crucial evidence like bullets and empty cartridges, thereby identify the weapon used in the shootout. “The firing could have left blackening around the entry and exit points, and the gunshot residue could have been matched with the handwash of the deceased and the police inspector,” Daundakar noted. Daundakar also highlighted that skin wash around the wound from API Nilesh More's thigh may have contained gunshot residue, aiding in identifying if the wound was due to gunshot or otherwise. Daundakar added, “Blood, hair samples, and other forensic materials could have been thoroughly examined inside the van. The entire vehicle should have been photographed, and a comprehensive crime scene report prepared.”

‘Disturbed crime scene’

“The fact that the police vehicle has been moved from the crime scene to other locations not only disturbs crime scene management but also complicates the collection of crucial evidence. The forensic team will find it challenging to corroborate and recreate the shootout incident with scientific and ballistic evidence,” Daundakar noted.

‘Reconstructing events’

“As a forensic expert, I emphasise the critical role of crime scene investigation, especially when the crime scene is a moving vehicle. A thorough investigation is essential for preserving vital evidence, which is necessary for reconstructing events, identifying suspects, and securing convictions, especially in cases of gunshot deaths occurring in a moving vehicle,” said Nisha Menon, a forensic expert and consultant.

Compromised investigation

“Relocating the vehicle from the actual crime scene can significantly compromise the investigation. The major disadvantages include the loss of contextual evidence, such as tyre tracks, skid marks, fluid spills, and other vital signs that could be destroyed. Additionally, contamination occurs when debris, DNA, or fingerprints are transferred from the original scene to another location due to the movement of individuals inside the vehicle or when outside persons or objects enter the vehicle,” Nisha explained.

Forensic challenges

Altering the vehicle's position complicates the investigation by disrupting evidence relationships, making it hard to recreate the original scene. “Relocating the vehicle poses significant challenges in reconstructing events, reducing credibility in court and weakening the prosecution's case,” Nisha noted. Contaminated or mishandled evidence can be deemed inadmissible, delaying prosecutions and increasing the risk of wrongful convictions. “Preserving the original crime scene is crucial for successful investigations and prosecutions,” she emphasised.

Legal perspective

‘Innocent until proven guilty’

The recent police encounter at Badlapur was celebrated by the public with sweets and garlands. However, Advocate Mohini Priya warned that encouraging such encounters could lead to more killings. “When police act as the judiciary, it undermines checks and balances and risks innocent lives,” she stated, referencing the Supreme Court's classification of police encounters as state-sponsored terrorism in Om Prakash v State of Jharkhand.

Detrimental retributive justice

On retributive justice, she explained, “While it seems like 'speedy justice,' it risks establishing an iron-fist rule detrimental to democracy.” She noted that India is bound by international treaties ensuring the right to a fair trial and that the right to life is enshrined in Article 21 of the Constitution, stressing that police encounters must be thoroughly investigated.

Lack of accountability

The Badlapur incident raised alarms as police moved the van involved in the shooting, suggesting potential evidence tampering. “This shows a lack of accountability,” Mohini said, emphasising that self-defence should not justify routine encounters. The Supreme Court, in People's Union for Civil Liberties v. State of Maharashtra, has approved a set of guidelines to be followed in all cases of police encounters. She called for restoring public trust in the judicial system and focusing on reformative justice rather than encounters as a solution to crime.

Tuesday
Day forensic team was inspecting the van

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