The Bombay High Court on Friday has instructed the police to submit a detailed affidavit in response to the petition of Bhavesh Bhinde, an advertising firm director arrested in the Ghatkopar hoarding collapse case.
Bhinde has requested the quashing of the FIR against him, arguing that the collapse, which resulted in the death of 17 people, was an act of God. He also seeks interim bail pending the hearing of his plea. Bhinde faces charges of culpable homicide not amounting to murder.
A division bench comprising Justices Bharati Dangre and Manjusha remarked that the plea raises concerns of illegal arrest, noting that the mandatory notice under section 41A of the Code of Criminal Procedure was not issued to Bhinde.
The bench emphasized that the police need to clarify this matter, as several judgments indicate that illegal detention requires immediate release.
Public Prosecutor Hiten Venegaonkar assured that a detailed affidavit would be filed. The court has scheduled the next hearing for July 26.
Bhinde, the director of Ego Media Private Limited, is accused of erecting the hoarding in Ghatkopar that collapsed on May 13, killing 17 and injuring over 70 people. He claims the incident was an act of God, citing a weather bulletin from the India Meteorological Department issued on May 12.
According to Bhinde, the bulletin failed to predict the severe dust storms and gusty winds that struck Mumbai on the day of the collapse.
His plea states that the hoarding collapsed due to “unexpected and unprecedented wind speeds of up to 96 kmph,” not because of faulty construction as alleged in the FIR. Bhinde argues that neither he nor Ego Media Pvt Ltd can be held responsible for the incident.
The petition also mentions other incidents in the city on the same day, including the collapse of a multi-storey parking lot in Wadala, which injured three people, and damage to buildings and hundreds of fallen trees.
Bhinde asserts that the hoarding was legally erected with all necessary permissions and claims the case was filed due to political pressure. He argues that the Brihanmumbai Municipal Corporation lacks jurisdiction over the land where the hoarding stood and that the charge of culpable homicide not amounting to murder was wrongly applied.
The petition notes that the construction and placement of the hoarding were authorized by the Government Railway Police and supported by necessary No Objection Certificates (NOCs). Since the hoarding was on Railway land, no permission from the BMC was required. Bhinde’s plea highlights that on November 22, 2022, the Commissioner of Police, Railways, granted rights for the construction and erection of the hoarding to Ego Media.
