Badlapur encounter: Court directs cops to find secluded burial place for accused

The Maharashtra government informed the High Court that whenever a burial site is identified, large crowds gather, and there is significant opposition to the location.

In Short

• State says public opposing burial sites for Akshay Shinde
• Court says burial method is parents' choice, asks police to find a place
• Directs police to provide security to the accused's family

The Bombay High Court on Friday directed the Maharashtra Police to promptly locate a secluded burial site for Akshay Shinde, the accused in the Badlapur sexual assault case, who was killed in a police encounter earlier this week. The court's direction came after Shinde’s counsel informed the bench that efforts to find a burial place were being met with public opposition.

Shinde had been accused of raping two girls in a school toilet in Badlapur. He was fatally shot on September 23 while being transported in a police vehicle. Police claimed that he was killed in retaliatory fire after he allegedly seized a police weapon and opened fire on officers.

Chief Public Prosecutor Hiten Venegaonkar, representing the state, informed the High Court, "We have been trying a lot". He explained that whenever a burial site is identified, large crowds gather, and there is significant opposition to the location.

Venegaonkar also submitted before the court, "We were under the impression that they were burying the body as per custom. However, the lawyer [of Shinde] has stated that the burial is being done so that, after a change in government, the body can be exhumed and reinvestigation can take place. This is why people are opposing it".

Dismissing this contention of the prosecution that there is no custom of burying bodies in Shinde's community, the court said it was his parents' choice.

The bench of Justices Revati Mohite-Dere and MM Sathaye said, "No one has a right to decide how the cremation takes place. Only parents can".

The court further added, "We will direct them [police] to identify some secluded land and we will appoint an officer for protection". The bench also emphasised that only a few close family members should attend the burial.

Shinde's counsel requested that a timeline be set to ensure the burial happens at the earliest.

The court also reprimanded Shinde’s advocate, Katarnaware, for some of his remarks made outside the courtroom. The High Court stated, "We don't understand why you have to give speeches outside (the court). Restrict yourself. Our endeavour is only to reach truth. You will jeopardise the interests of your clients".

Additionally, the court instructed the police to provide security for Shinde's family, who currently reside on a railway platform. Shinde's counsel informed the court that his father had been assaulted after the rape incident became public. However, the state submitted that police security had already been deployed for the family.