Will Soon Identify 'Secluded Place' For Burial Of Badlapur Encounter Deceased: Maharashtra Police Tells Bombay High Court

The Maharashtra Police on Friday informed the Bombay High Court that it will be soon identifying a 'secluded' place for burying the dead body of the accused in the Badlapur minors' sexual assault case, who was shot down by the Thane Police in an alleged 'fake' encounter on September 24. 

A division bench of Justices Revati Mohite-Dere and Milind Sathaye was irked to know that the police was successful to identify certain spot for the burial of the body, however, the family's lawyer Amit Katarnaware made some 'political comments' due to which the owners of the land, refused to give their space for the burial.

Chief Public Prosecutor Hiten Venegavkar told the judges that initially the police was successful to identify a few spots but then advocate Katarnaware made some statements in the public that the deceased's body is being buried only with a view that it could be 'exhumed' after a change in the State government.

Irked over this, Justice Mohite-Dere pulled up Katarnaware, saying, "What is this? Why are lawyers giving speeches? Lawyers must stick to the profession. We do not understand why they give speeches outside. Our endeavour is to ensure only truth prevails. By making such comments, you are only jeopardising your client's case."

However, Katarnaware disputed Venegavkar's statements.

Further, Venegavkar informed the bench that some senior members of the community of the petitioner too have opposed the decision of the family to bury the body as it is not a ritual of their community.

To this, Justice Mohite-Dere, responded, "The community will not decide what has to be done. It is the parents' choice. No body has the right to decide how a body should be disposed of. It is the individual choice."

As far as law and order situation is concerned, the judges said that has to be looked into by the State Police.

During the hearing, the police said that it will identify some secluded place and inform the parents and immediate family of the deceased so that they can perform the last rites and bury the body.

Venegavkar made it clear to the bench that only the family and parents of the deceased must be permitted and no other persons must be called and that the burial should not be made 'an event of sorts.'

Katarnaware, however, continued with his submissions, to which the judges asked him to specify what he actually seeks. 

"I only seek a decent burial," Katarnaware said, to which Justice Mohite-Dere responded, "But they are ready to give that. They are giving a decent burial and that's the reason they are looking for a secluded space. As and when they identify a spot they will inform the parents and the immediate family so that they are permitted to attend the burial rites."

The judges took on record, the statement of Venegavkar and adjourned the hearing till Monday. It also ordered the Police to look into the allegation of 'threats' to the deceased's family.