Mumbai (PTI): The assistant inspector who fired at Mumbai hostage-taker Rohit Arya took the call since children were involved and the situation presented a "real threat", an official said on Friday.
Arya was killed on Thursday in a police operation mounted to free 17 children and two women, including a senior citizen, he had taken hostage inside R A Studio in Powai.
Arya was shot by Powai police station API Amol Waghmare, the official said.
"Waghmare had tried to speak to Arya urging him not to take any extreme step. But Arya pointed his gun at the officer and it was a real threat. In self defence, Waghmare fired at Arya, who, unfortunately, succumbed later. Waghmare and a constable were inside the first floor of the studio where the incident occurred. The constable was standing behind," the official said.
"In his complaint, he (Waghmare) has told police Arya pointed his gun at him and there were children around. Considering the situation presented a real threat, he opened fire. It has also come to light in the preliminary probe that there was some plan in his (Arya's) mind for a few months," the official added.
The official said the Crime Branch, which is probing the case, has collected the gun that was in Arya's hand.
"It is being sent to the Forensic Science Laboratory for analysis. It will also determine if firing took place from Arya's gun. All other evidence from the spot has been collected. It includes a foul smelling cloth. It needs to be verified if Arya poured some chemical on it to set it on fire," the official said.
The probe team is verifying information by speaking with persons involved in the project, he added.
Arya, originally from Anand in Gujarat, was staying in Pune and had shifted to Mumbai two months ago, he said.
"He is survived by his wife and 10-year-old son. His wife was in Ahmedabad at the time of the incident. Due to kin not being available in Mumbai, Arya's body was kept at state-run J J Hospital. Post mortem was carried out in the evening after his brother-in-law and other family members reached the hospital," the official said.
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Judge cites denial of home to Muslim girl, opposition to Dalit women cooking mid-day meals
Hyderabad, February 23, 2026: Supreme Court judge Justice Ujjal Bhuyan has said that despite repeated affirmations of constitutional morality by courts, deep societal faultlines rooted in caste and religious discrimination continue to shape everyday realities in India.
Speaking at a seminar on “Constitutional Morality and the Role of District Judiciary” organised by the Telangana Judges Association and the Telangana State Judicial Academy in Hyderabad, Justice Bhuyan reflected on the gap between constitutional ideals and social practices.
He cited a recent instance involving his daughter’s friend, a PhD scholar at a private university in Noida, who was denied accommodation in South Delhi after her surname revealed her Muslim identity. According to Justice Bhuyan, the landlady bluntly informed her that no accommodation was available once her religious background became known.
In another example from Odisha, he referred to resistance by some parents to the government’s mid-day meal programme because the food was prepared by Dalit women employed as cooks. He noted that some parents had objected aggressively and refused to allow their children to consume meals cooked by members of the Scheduled Caste community.
Describing these incidents as “the tip of the iceberg,” Justice Bhuyan said they reveal how far society remains from the benchmark of constitutional morality even 75 years into the Republic. He observed that while the Constitution lays down standards of equality and dignity, the morality practised within homes and communities often diverges sharply from those values.
He emphasised that constitutional morality requires governance through the rule of law rather than the rule of popular opinion. Referring to the evolution of the doctrine through judicial decisions, he cited Naz Foundation v Union of India, in which the Delhi High Court read down Section 377 of the Indian Penal Code, holding that popular morality cannot restrict fundamental rights under Article 21. Though the judgment was later overturned in Suresh Kumar Koushal v Naz Foundation, the Supreme Court ultimately restored and expanded the principle in Navtej Singh Johar v Union of India, affirming that constitutional morality must prevail over majoritarian views.
“In our constitutional scheme, it is the constitutionality of the issue before the court that is relevant, not the dominant or popular view,” he said.
Justice Bhuyan also addressed the functioning of the district judiciary, underlining that trial courts are the first point of contact for most litigants and form the foundation of the justice delivery system. He stressed that due importance must be given to the recording of evidence and adjudication of bail matters.
Highlighting the role of High Courts, he said their supervisory jurisdiction under Article 227 of the Constitution is intended as a shield to correct grave jurisdictional errors, not as a mechanism to substitute the discretion or factual appreciation of trial judges.
He recalled that several distinguished judges, including Justice H R Khanna, Justice A M Ahmadi, and Justice Fathima Beevi, began their careers in the district judiciary.
On representation within the judicial system, Justice Bhuyan noted that Telangana has made significant strides in gender inclusion. Out of a sanctioned strength of 655 judicial officers in the Telangana Judicial Service, 478 are currently serving, of whom 283 are women, exceeding 50 per cent representation. He added that members of Scheduled Castes, Scheduled Tribes, minority communities, and persons with disabilities are also represented in the state’s judiciary.
He observed that greater representation of women, marginalised communities, persons with disabilities, and sexual minorities would help make the judiciary more inclusive and reflective of India’s diversity. “The judiciary must represent all the colours of the rainbow and become a rainbow institution,” he said.
Justice Bhuyan also referred to the recent restoration by the Supreme Court of the requirement of a minimum three years of practice at the Bar for entry-level judicial posts. While acknowledging that the requirement ensures practical exposure, he cautioned that its impact on women aspirants, especially those from rural or small-town backgrounds facing social and financial constraints, would need to be carefully observed over time.
Concluding his address, he reiterated that the justice system must strive to bridge the gap between constitutional ideals and lived realities, ensuring that the rule of law remains paramount.
