Bombay HC asks cops to respond to Bhinde's plea seeking quashing of FIR

The Bombay High Court on Friday directed the police to file a detailed affidavit in response to a petition of advertising firm director Bhavesh Bhinde arrested in the Ghatkopar hoarding collapse caseBhinde has sought that the FIR registered against him be quashed claiming that the hoarding collapse which killed 17 persons was an act of God and he is released on interim bail pending hearing of the plea He has been booked for culpable homicide not amounting to murderA division bench of Justices Bharati Dangre and Manjusha said the plea also raises the contention of illegal and unlawful arrest as he was not informed of the grounds for his arrest as provisions of the Code of Criminal Procedure CrPCThe bench said the police will have to clarify their stand on this as several judgments say that illegal detention necessitates immediate releasePublic prosecutor Hiten Venegaonkar said a detailed affidavit will be filedVenegaonkar is desirous of filing the reply affidavit particularly as regards prayer Clause c which has prayed for declaration of arrest of the petitioner as illegal unlawful and bad in law the HC saidThe court posted the matter for further hearing on July 26Bhinde is the director of Ego Media Private Limited which erected the giant hoarding in the citys Ghatkopar area that collapsed on May 13 killing 17 people and injuring over 70He sought that the FIR registered against him be quashed claiming that the crash was an act of God and hence he cannot be held responsibleBhinde presently in judicial custody sought to be released on bail pending hearing of his pleaCiting the India Meteorological Department IMD weather bulletin issued on May 12 Bhinde claimed that the collapse was an act of GodThe 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 saidIt further claimed that the 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 accountableThe petition added that 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 casualtiesBhindes petition also referred to the collapse of a multistorey parking lot in Wadala in which three people were injuredAs per his plea the hoarding was legally erected with all requisite permissionsIt claimed that the case was registered due to political pressure following the collapse and the same is baseless untenable and not maintainable under the lawThe Brihanmumbai Municipal Corporation BMC has no jurisdiction over the land on which the hoarding stood and the charge of culpable homicide not amounting to murder was incorrectly applied it addedThe construction and placement of the hoarding was authorised by the 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 saidHis plea claimed that on November 22 2022 the commissioner of police Railways granted the rights for the constructionerection of hoarding to Ego MediaThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever