Swaranjit Sen
The recent Badlapur encounter in Maharashtra, where a sexual predator was killed while in police custody, has sparked yet another political storm. According to the Thane crime branch, they were escorting Shinde from Taloja Central Jail for questioning related to a case filed against him by his estranged second wife at the Boisar police station.
As the vehicle reached the Mumbra Bypass, Shinde allegedly snatched a pistol from Assistant Police Inspector Nilesh More and fired three rounds, one of which hit him in the thigh. In response, Senior Inspector Sanjay Shinde fired one round, striking Shinde in the head. Shinde was then rushed to Chhatrapati Shivaji Maharaj Hospital, where he was declared dead. His body was later sent to JJ Hospital for a post-mortem. The 24-year-old had been booked under Section 377 (unnatural sex) of the Indian Penal Code.
The Maharashtra government has defended the police action, calling it a clear case of self-defense. However, the opposition has quickly framed the incident as an extrajudicial killing. Shinde’s mother has also alleged that it was a ‘fake encounter’ and accused the police of undermining the judiciary’s role in delivering justice for her son’s alleged crimes. This incident once again highlights the delicate balance between policing, justice, and political opportunism.
Policing in India is far from straightforward. The complexities and dangers involved are often misunderstood by the public and exploited by political factions. In high-stakes situations, law enforcement officers are frequently forced into life-threatening scenarios. When confronted with an armed criminal, should a policeman wait for orders and risk his life, or act on instinct to neutralize the threat? The answer should be clear, yet such encounters are regularly used as political fodder.
The Andhra Pradesh Police, for example, have long faced similar scrutiny, particularly when dealing with Naxalite insurgents. Civil liberties groups and sympathizers often challenge police actions in court after a high-ranking Naxal leader is killed in an encounter. In many instances, the judiciary has faulted the police, overlooking the perilous situations officers face. This raises a critical question: How can officers respond to armed criminals in real-time without facing backlash?
Judicial interventions have, at times, further complicated matters. Courts have granted bail to hardened criminals, only for some to go on to commit further crimes. This revolving door of justice frustrates law enforcement, whose efforts are often undone by legal red tape and loopholes. These delays erode public confidence and embolden criminals. While not all police actions can be endorsed, the overall perception of policing needs to change.
The political class often engages in blame games, but the real issue lies in the rising wave of heinous crimes in India. Sexual violence, especially against minors, has reached crisis levels. From the Nirbhaya case in Delhi to the Abhaya case in West Bengal, justice has often been delayed or denied. Despite stringent laws like the POCSO Act, designed to expedite punishment for sexual crimes against minors, the judicial process remains bogged down by procedural delays.
The Badlapur incident must be viewed in this context. According to the police, Shinde attempted to seize a weapon, leaving officers little choice but to open fire. Chief Minister Eknath Shinde and Deputy CM Devendra Fadnavis have defended the officers, while the opposition has predictably labeled the encounter unlawful. This kind of rhetoric undermines police morale and sends a message that political interference can be expected.
This isn’t the first time police actions have been politicized. Across India, from Hyderabad to Delhi, encounters involving high-profile criminals are often met with skepticism. The fundamental problem, however, is a system that allows these cases to drag on in court, leading to delayed justice. What transpired in the Nirbhaya, Abhaya, and now Badlapur cases, reflects deeper flaws in how heinous crimes are handled.
The recent suggestions by Chief Justice of India DY Chandrachud to amend certain provisions of the POCSO Act to provide better clarity for judicial officers are timely. However, reforming laws is not enough. Policing must be strengthened, and political interference minimized. The government has made efforts to update colonial-era laws, but more needs to be done to address rising violent crimes and sexual assaults.
As a former Director-General of Police in one of India’s largest states, I understand firsthand the challenges faced by law enforcement officers. Political leaders and the judiciary must take a more pragmatic approach. Rather than using encounters like the one in Badlapur as political tools, there should be a focus on empowering the police to act decisively, while ensuring that judicial processes are swift and efficient. Such incidents are symptomatic of a deeper malaise – a system that allows crime to fester while politicians and courts debate endlessly.
The bottom line is that heinous crimes, especially those involving sexual violence, are a scourge on society. The Badlapur encounter should not be reduced to a political talking point. It’s time to stop the blame game and address the root causes – strengthening the police force, streamlining the judicial process, and ensuring swift justice. Only then can we hope to see real change. (The author is former Director-General of Police of undivided Andhra Pradesh – 2004-06)
