Mumbai: The Bombay High Court on Friday asked the Mumbai police to clarify its stand on the allegations of illegal arrest by the director of Ego Media Bhavesh Bhinde who is arrested in the Ghatkopar hoarding collapse case.
The hoarding erected by Ego Media collapsed on May 13 killing 17 people and injuring more than 70.
While hearing the petition by Bhinde seeking quashing of the FIR against him, the Bombay High Court asked the police to file a detailed affidavit. Bhinde is at present in judicial custody and has sought bail pending hearing in his quashing petition.
On Friday, a bench of Justices Bharati Dangre and Manjusha said the plea raises the contention of illegal arrest as the mandatory notice under Section 41A of the Code of Criminal Procedure was not issued to the accused first. The provision mandates serving a notice before arresting an accused in offences punishable with less than seven years of imprisonment.
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The judges said that police will have to clarify its stand on this as there are several judgments that say if there is illegal detention then there has to be immediate release.
Public Prosecutor Hiten Venegaonkar told the bench that they will file a detailed affidavit.
The HC then kept the matter for hearing on July 26.
Bhinde Blames 'Act Of God' For Mishap
Bhinde has sought quashing of the FIR contending that the collapse was an ‘Act of God’ and hence he cannot be held responsible.
The plea contends that the hoarding, which collapsed, was legal and he had necessary permission for erecting the same. It contends that the BMC has no jurisdiction over the land on which hoarding stood and the charge of culpable homicide not amounting to murder was incorrectly applied. Bhinde has alleged that the FIR was registered due to political pressure following the collapse and the same is “baseless, untenable, and not maintainable under the law”.
The construction and placement of the hoarding was authorised by Government Railway Police and accompanied by necessary ‘no objection certificates’. Considering that the hoarding was on railways land, no permission was required from the BMC.
Further, Bhinde has claimed that he was not a director of Ego Media at the time of the hoarding’s construction. Janhavi Marathe was the director then and he took charge on December 21, 2023.
IMD Failed To Predict Severe Dust Storm: Ego Media Director
Citing the India Meteorological Department bulletin issued on May 12, Bhinde has claimed that the collapse was an Act of God. The IMD bulletin failed to predict the severe dust storms with gusty winds that hit Mumbai the fateful day. The unexpected and unprecedented wind speeds of up to 96kmph caused the hoarding’s collapse, an event for which neither he nor Ego Media could be held accountable.
Due to the excessive wind force on May 13, several other similar incidents happened in the city due to which buildings were damaged and hundreds of trees fell down, resulting in several casualties. The plea also referred to the collapse of a multi-storey parking lot in Wadala, in which three people were injured.
His plea claims that on November 22, 2022, the commissioner of police, railways, granted the rights for construction / erection of hoarding, to Ego Media.
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