The Bombay High Court on Friday instructed the police to find a burial site for Akshay Shinde, accused in the Badlapur sexual assault case, who was killed in a police shooting. Justices Revati Mohite Dere and MM Sathaye directed that once the burial spot is located, the police should inform Shinde’s family so they can proceed with the burial.
The court also dismissed the prosecution’s argument that burial was not customary in Shinde’s community.
Akshay Shinde’s lawyer, Amit Katarnawre, said that the 24-year-old had expressed a wish to be buried rather than cremated.
Shinde’s father submitted an urgent request to the court on Friday, saying they had been unable to find a burial site for his son.
Public Prosecutor Hiten Venegaonkar informed the court that burial grounds in Badlapur and nearby areas are opposed to Shinde’s burial. He said the police would find a secluded location and ensure no incidents arise.
“The family will be informed about the burial spot. However, it should not become an event. They should carry it out quietly, with police personnel present,” Venegaonkar stated.
The court accepted this and set the next hearing for 30 September.
“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 said.
However, the court clarified that the community’s opinion does not override the parents’ wishes. Katarnaware informed the court that the family had identified a burial spot on Thursday and sought approval from the Ambernath Municipal Council CEO, who refused permission. He further alleged that the family had received threats.
The court asked them to file a complaint with the police, who would address the issue.
Venegaonkar then assured the court that the police were ensuring the family’s safety and would prevent any disturbances.
Shinde was arrested last month for allegedly sexually assaulting two minors at a school in Badlapur, Thane. Earlier this week, he was being taken from Taloja jail to Badlapur when the police shooting occurred. The incident took place near the Mumbra Bypass in Thane, after Shinde allegedly grabbed a policeman’s gun, leading to his death in retaliatory fire.
Shinde’s father had filed a petition in the high court, claiming his son was killed in a staged encounter and and sought an HC-monitored probe into his death. On Wednesday, Justice Dere’s bench also asked questions about the shooting.
