The Bombay high court on Friday directed the police to identify a secluded spot for the burial of the body of Akshay Shinde, accused in the Badlapur sexual assault case, who was killed in a police shootout.
A division bench of Justices Revati Mohite Dere and MM Sathaye said once the spot is identified, the police shall inform Shinde's family members about it so that the burial can be done.
The HC rejected the contention of the prosecution that there is no custom of burying bodies in Shinde's community, calling it his parents' choice.
Shinde's father on Friday moved an urgent application seeking a burial spot for his son.
The father claimed that they were unable to find a burial ground for Shinde.
Public prosecutor Hiten Venegaonkar told the court that all burial grounds in Badlapur and neighbouring areas have refused and opposed the burial of Shinde.
The police would take steps to identify a secluded spot for the burial, Venegaonkar told the court.
He added that the police will also ensure that no untoward incident occurs.
“The family will be informed about the same. But they need not make an event out of it. Let them do it silently. The family members will be taken (to burial spot) with police staff,” Venegaonkar said.
The bench accepted this statement and posted the matter for hearing on September 30.
Venegaonkar further claimed that police enquired and found out that there was no such custom of burying in Shinde'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 said.
The bench, however, said the community will not decide what the parents want.
“Nobody has the right to decide. It is the parents' choice,” HC said.
The father's advocate Amit Katarnaware told the court that on Thursday the family had identified a spot and had also sought permission from the Ambernath Municipal Council.
“The CEO of the Ambernath Municipal Council, however, did not grant permission and was sitting on the file till late evening (on Thursday),” Katarnaware said.
He further alleged that the family was facing threats.
The court said they could lodge a complaint with the police which would look into the same.
Venegaonkar said the police was keeping watch on the family and their residence and would ensure that no law and order situation is caused or no untoward incident occurs.
Shinde, 24, was arrested of last month for allegedly sexually assaulting two minor girls at a school in Badlapur town, Thane district.
Earlier this week, he was being escorted to Badlapur from Taloja jail in connection with a case registered against him on a complaint by his second wife when the shootout occurred, resulting in his death.
The incident took place near the Mumbra Bypass in Thane on Monday evening after Shinde allegedly snatched the gun of a policeman.
He was killed in retaliatory firing by the police.
Shinde's father had filed a petition in the high court claiming that his son was killed in a fake encounter and sought an HC-monitored probe into his death.
On Wednesday, the bench headed by Justice Dere had raised several questions over the incident.
Emphasising the need for a fair and impartial probe, it noted that the incident could have been avoided.
On Thursday, the family claimed that Shinde had in the past expressed his desire to be buried instead of cremated.
Shinde's body has been kept at the mortuary of a civic hospital in Thane's Kalwa area.
