The Bombay High Court on Friday directed the police to find a secluded burial site for accused in the Badlapur sexual assault case, Akshay Shinde, 24, who was killed in a police shootout. A bench of Justices Revati Mohite Dere and Milind Sathaye directed to inform Shinde’s family once the location was identified, allowing them to proceed with the burial.
Shinde’s father had filed an urgent application before the HC seeking a burial ground for his son, claiming the family was unable to find one. Public Prosecutor Hiten Venegaonkar informed the court that local burial grounds had refused to accept the body, prompting the police to find an alternative, secluded site. He assured the court that steps would be taken to prevent any incidents during the burial. “The family will be informed about the same. But they need not make an event out of it. Let them do it silently. Family members will be taken with police staff,” Venegaonkar said.
Venegaonkar said when police enquired, they found that there was no custom of burying the dead in the deceased’s community. “Our enquiry has found that there is no such custom of burial. The family’s lawyer made a comment that they are burying only so that there is the option of exhumation in future. All senior members of their community themselves have said there is no such custom,” he added.
However, the bench stressed that the community’s customs were irrelevant, and ultimately it would be the decision of the parents. “Nobody has the right to decide. It is the parents’ choice,” HC said.
The bench reprimanded father’s advocate, Amit Katarnaware, for making statements outside the court. “Don’t involve the court in all this. Why are you giving speeches outside (the courtroom)? Our endeavour is to only get the truth out. By doing all this you will jeopardise your case,’ the judges said.
Katarnaware, told the court that the family had identified a burial site and sought permission from the Ambernath Municipal Council, but the council had delayed its decision. He also alleged that the family had received threats, to which the court advised them to file a police complaint. Venegaonkar reassured the court that the police were monitoring the family’s safety.
Shinde, 24, had been arrested the previous month for allegedly sexually assaulting two minor girls inside the school premises in Badlapur. He was killed earlier this week in a police shootout while being transported to Badlapur from Taloja jail. According to the police, Shinde had attempted to snatch a gun, leading to the retaliatory firing. Shinde’s father, however, filed a petition claiming the encounter was staged and sought an independent investigation into the incident.
On Wednesday, the court raised concerns over the incident, noting that the shootout could have been avoided. Shinde’s family stated that he had expressed a desire to be buried rather than cremated, and his body is currently being held at a hospital mortuary in Thane’s Kalwa area.
The HC has kept the matter for hearing on September 30.
