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The Bombay High Court has raised serious concerns about the circumstances surrounding the alleged encounter killing of a sexual assault accused in Badlapur, Maharashtra. In a hearing concerning a plea filed by the deceased's father, the Court questioned the police's claim that the accused, Shinde, had snatched a cop's weapon, leading to the fatal shooting. The Court highlighted the police's training in firearms and the possibility of overpowering the accused, questioning the necessity of using lethal force. The judges expressed their skepticism, stating that the incident could not be categorized as a genuine encounter, as the police could have neutralized the accused without resorting to gunfire. This ruling signifies a significant step in ensuring accountability and transparency in police operations, particularly concerning instances of alleged extrajudicial killings.
The Court's critical examination of the police account exposes the vulnerability of relying on self-serving narratives surrounding encounters. The judges highlighted that the standard procedure in such situations involves shooting below the knee, raising further doubts about the police's actions. The Court also emphasized the importance of investigating whether Shinde had prior experience with firearms, suggesting that his familiarity with weapons might have influenced the encounter. This investigation delves into the potential for premeditation and highlights the necessity of a thorough examination of the circumstances surrounding the encounter.
The Bombay High Court's judgment serves as a reminder of the importance of judicial oversight in ensuring that police actions align with the principles of due process and respect for human rights. This case underscores the need for meticulous investigations into alleged encounters, with a focus on scrutinizing police narratives and establishing the legitimacy of their actions. By challenging the police's account and demanding a thorough investigation, the Court demonstrates a commitment to upholding the rule of law and protecting individuals from the misuse of power.