Ghatkopar hoarding collapse: Firm director arrested as per law, cops tells HC

Mumbai, Jul 26 (PTI) The police on Friday told Bombay High Court the arrest of advertising firm director Bhavesh Bhinde in connection with the May 13 Ghatkopar hoarding collapse, which killed 17 persons and injured more than 70, was carried out following the entire process of law.

Bhinde, director of Ego Media Private Limited, which erected the ill-fated hoarding, sought that the FIR registered against him be quashed after claiming the incident was an "act of God". He also sought his release on interim bail pending hearing of the plea.

Bhinde, who was charged with culpable homicide not amounting to murder, also claimed in his plea that his arrest was illegal as the mandatory notice under section 41A of Code of Criminal Procedure (CrPC) was not issued to him first.

In its written response, the Mumbai police said the grounds raised by Bhinde are "frivolous" and his contentions were "devoid of any merit".

The records of the entire case proceedings will clearly show the arrest was made after following the entire due process of law and there was sufficient compliance of CrPC section 41, the police told court.

"It is a matter of record that the arrest of the petitioner has been informed to him as well as to his wife and the arrest memo categorically mentioning grounds of his arrest has been informed to him in writing as well as the copy of the same has been provided, of which he has acknowledged," the police affidavit said.

The police also brought to the court's notice that similar ground was raised by the accused before the magistrate court at the time of hearing of the remand application.

Police said it had submitted the entire case diary and case papers in the magistrate court.

The magistrate, after perusal of the papers, passed a well-reasoned order and granted Bhinde's remand to the police.

The police's response said the magistrate's remand orders ought to have been challenged before the sessions court by way of revision but the accused has not done it.

"As there is an alternate remedy available to the petitioner for challenging the remand orders, the present writ petition is not tenable and, hence, liable to be dismissed," police said.

The matter will be heard next on August 5.

In his plea, Bhinde, who is in judicial custody, cited the India Meteorological Department (IMD) weather bulletin issued on May 12 to claim the incident was an "act of God".

"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," his plea said.

His plea further claimed "unexpected and unprecedented wind speeds of up to 96 kmph" caused the hoarding to collapse, an event for which neither he nor Ego Media Pvt Ltd could be held accountable.

On the day of the collapse, several other similar incidents happened in the city due to which buildings were damaged and hundreds of trees fell down, "resulting in several casualties", he claimed in the plea.

Bhinde's petition also referred to the collapse of a multi-storey parking lot in Wadala, in which three people were injured.

As per his plea, the hoarding was legally erected with all requisite permissions.

It claimed the case was registered due to political pressure and the same is "baseless, untenable, and not maintainable under the law". PTI AVI BNM