2013 building collapse case: No sanction to prosecute him, court discharges BMC engineer

On September 27, 2013, Babu Genu building at Mazgaon had collapsed causing the death of 61 persons and severe injuries to over 30.

Remembrance ceremony of the Babu Genu building collapse. (Express archive photo)

An Executive Engineer of the BMC was discharged by the sessions court on Monday from a case related to a building collapse in 2013, in which 61 people had lost their lives, after no sanction was granted to prosecute him.

The sessions court discharged Mahendra Patel, who was the executive engineer of the BMC in 2013, stating that the trial against him cannot proceed since the competent authority had not granted a sanction to prosecute him. The competent authority in this case was BMC commissioner Iqbal Chahal, who refused to grant sanction to prosecute Patel last year stating there is no evidence to indicate any criminal mind or intention on the part of civic officials regarding the collapse.

A sanction is required under section 197 of the Criminal Procedure Code for prosecution of public servants in offences alleged to have been committed by them while acting in discharge of their official duties.

On September 27, 2013, Babu Genu building at Mazgaon had collapsed causing the death of 61 persons and severe injuries to over 30. Patel, who was then executive engineer of the Planning and Design department, was booked along with 10 others in the case.

The police had alleged that despite the building being in a dangerous condition, it was not repaired on priority basis by civic officials. Officials had contended that notice was issued to the residents to vacate the building. Patel had also faced arrest in 2013.

Patel’s lawyer, Ashwin Thool, informed the court that the competent authority had rejected the proposal to grant him sanction and the Mumbai police was informed about it in March 2021. The police told the court that they were pursuing the authority again for valid sanction.

Sadaf Modak

Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues. Expertise Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports. Core Authority & Focus: Her work primarily centers on: Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system. Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on: Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates. Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children. Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions. Experience Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor. Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape. Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism. She tweets @sadafmodak ... Read More

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