Continuing his arguments before the Commission of Enquiry into Encounters, Sebastian alleged that a decision had been taken at the highest level to shoot people belonging to particular gangs. He also said the encounter killings of Sada Pawle and Vijay Tandel took place at the junction near the a signal and not at Rajawadi road, as claimed by the police. He cited Baldev Singh's deposition, where Singh said his Fiat car was stopped at the signal by the police before it took a right turn to Rajawadi road.

He also said the fact that the blood spots that showed up in the map were at a distance beyond the Fiat car in which Pawle was travelling contradicted the police version. The police had stated that Pawle was shot near the car and there were no blood stains.

Sebastian added that the existence of the tworooms at Nagpada police station, where Baldev was confined, could not be refuted. Baldev had deposed that after the encounter, he was kept in a room at Nagpada police station, and a few days after that, he was taken to the station's computer room and told by police officers to make receipts of ticketless travel, dated September 26 and 27, 1997.

Sebastian added that as per the evidence of the police officers, neither they nor the gangsters took any precautions, but stood directly in the line of fire. Sebastian said the fact that Pawle was armed proved that he had come with the intention of putting up a fight and not waiting with an AK 56 in hand for Assistant Police Inspector Vijay Salaskar to tell him to surrender.