Can we resort to Kangaroo Justice?

Two girls were sexually molested in a school in Badlapur.

This is the timeline of the case

August 13: Two girls, aged three and four years old were allegedly sexually assaulted by a cleaning staff

August 16: Parents reported the incident to police to lodge an FIR

August 17: Akshay Shinde was arrested after an FIR was registered into the matter over 11 hours after the parents of the two girls approached the Badlapur police station.

August 20: Locals in Badlapur call for a bandh. Parents and citizens protest and vandalise the school. The protestor blocked the Railway line at Badlapur railway station demanding the death sentence for the accused.

Maharashtra government suspended two cops who refused to file an FIR initially. Three more cops were suspended later.

The state government formed a Special Investigation Team (SIT).

August 21: The principal of the school along with two staff members suspended.

August 22: The Bombay High Court took suo motu cognisance of the case and questioned why no action was taken against the school.

SIT, headed by Inspector General of Police level senior IPS officer Arti Singh, began to probe.

August 23: SIT charged the school principal, secretary, and chairman under sections of the Protection of Children from Sexual Offences (POCSO) Act for not reporting the crime.

September 12: Shinde’s first wife filed a case against him for related to unnatural sex.

September 16 and 19: SIT filed chargesheets related to students.

September 23: Akshay Shinde was killed after he allegedly snatched the gun from a cop and shot at him while being taken to Badlapur.
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For four days after the crime, the police did not think it fit or necessary to file a First Information Report.

It was only after the public took to the streets that the police and government sprung into action.

Now the main accused is dead, shot in an attempt to escape and shot in defense by the cops who were taking him for an investigation.

This reeks of a fake encounter. Not the first, not the last. Whenever policemen and politicians think it expedient to do so, they organize an encounter.

The narrative is almost similar, the accused tried to run away, grabbed a gun belonging to a policeman, shot at them but only managed to hurt someone in the police party.

Invariably, the police, which is trained to shoot such as not to kill, shoot at the legs, etc. manages to shoot to kill.

The script is almost similar if you take up any fake encounter. It may be the fake encounter of Sohrabuddin Shaikh or that of Pranesh Pillai along with Ishrat Jahan or that of Tulsiram Parjapati, the script is almost identical.

In all cases there are no public witnesses other than the police party itself. How convenient.

While people might say that the encounter in this case is good as ‘justice’ has been done in killing the molestation accused, Akshay Shinde, that he perhaps deserved such an end, the problem lies in such delivery of justice. If all cases were to be decided like this, why would we need a court and justice system?

Even Ajmal Kasab, the terrorist involved in 26/11 attack on Mumbai went through the entire justice process although he had been identified as a killer.

In the case of Ajmal Kasab, it was important to keep him alive and make Pakistan squirm. It served the political interest of the regime.

In the case of Akshay Shinde, it was important that he be disposed off. That serves the political interest of those who are in power right now.

What is not surprising is that the officer whose pistol was snatched by the accused has not been suspended and removed from duty.

What is also not surprising is that officer who shot Akshay Shinde dead is not suspended for firing to kill instead of firing to maim.

Summary delivery of justice by taking law into ones own hand is something that can never be justified or supported. It sets a dangerous precedent and gives power to those who wield the gun to do what they want, a very dangerous situation at the very least.

Meanwhile, the school where this incident happened has gotten away with many things, including the missing CCTV footage of 5 days during the period of this crime.

They are said to be connected with BJP. That explains why they have escaped any investigation.

Home Minister of Maharashtra, Devendra Fadnavis, was seen and heard supporting the encounter. The police works directly under him. Punishment to the accused was a popular local demand. People had taken to the streets after the incident. The Home Minister is justifying police action.

The big question is, was he aware that something like this is going to happen?

The timeline of police action, taking custody in the evening with an excuse to present the accused in front of a judge while fact being courts close at 5:30 pm, taking custody knowing that both the judges were not available, narrative that the accused tried to snatch the pistol, shooting him in the head instead of overpowering him, all point to a murky custodial death by encounter.

The courts are now seized of the matter and hopefully truth will emerge through forensic evidence and other details.

Vinod Chand

I am a veteran from the Information Technology industry. Having started my career in 1985 with a company that later became Aptech, I have virtually seen the whole industry evolve from scratch. I became an activist in 2001 after the dot.com bust in 2000. Banking, Finance, Credit Cards, Personal Loans and by extension economy and how money flows in the world are my areas of interest. These are the things that affect everyone, irrespective of their caste, creed, color, race, religion or nationality.

I write about these things and try to separate the wheat from the chaff.

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