MUMBAI: The Bombay high court has given the state government two weeks time to respond to Bhinde Bhinde’s petition who is the director of an advertising firm and was arrested in connection with the Ghatkopar hoarding collapse that killed 17 people.
Bhinde is seeking to quash the FIR against him, claiming the collapse was an “act of God.”
He has also requested interim bail while his plea is pending.The court has scheduled the next hearing for July 26.
A division bench of Justices Bharati Dangre and Manjusha observed that Bhinde’s plea raises the issue of illegal arrest, as the mandatory notice under section 41A of the Code of Criminal Procedure was not issued to the accused first.
The bench noted that the police need to clarify this point given several judgments state that illegal detention necessitates immediate release.
Bhinde, the director of Ego Media Private Limited, had overseen the erection of the giant hoarding in Ghatkopar, which collapsed on May 13, resulting in 17 fatalities and injuring over 70 people.
He is currently in judicial custody and is seeking bail pending the hearing of his plea.
He cited a weather bulletin issued by the India Meteorological Department (IMD) on May 12, which he claimed failed to predict the severe dust storms with gusty winds that struck Mumbai on the day of the collapse.
“The IMD bulletin failed to predict the severe dust storms with gusty winds that hit Mumbai on the fateful day. On account of the aforesaid, the said hoarding collapsed and not due to improper, faulty construction of the same as wrongly, falsely alleged in the said FIR,” Bhinde’s plea stated.
The petition argued that unexpected and unprecedented wind speeds of up to 96 kmph caused the hoarding to collapse, an event for which neither Bhinde nor Ego Media Pvt Ltd could be held accountable.
On the day of the collapse, several similar incidents occurred in Mumbai, resulting in damage to buildings and the falling of hundreds of trees, causing several casualties.
The petition referenced the collapse of a multi-storey parking lot in Wadala, in which three people were injured, to highlight other incidents caused by the same weather conditions.
Bhinde argued that the hoarding was legally erected with all the necessary permissions.
He claimed that the case was registered due to political pressure following the collapse and that the charges were baseless and not maintainable under the law.
He further contended that the Brihanmumbai Municipal Corporation (BMC) had no jurisdiction over the land where the hoarding stood and the charge of culpable homicide not amounting to murder was incorrectly applied.
“The construction and placement of the hoarding was authorised by Government Railway Police (GRP) and accompanied by necessary ‘No Objection Certificates’ (NOCs). Considering that the hoarding was on the Railways land, no permission was required from the BMC,” the petition said.
According to Bhinde’s plea, the commissioner of police, Railways, granted the rights for the construction and erection of the hoarding to Ego Media on November 22, 2022.
The court has given the police time until July 26 to present their detailed affidavit on the matter.