Ghatkopar hoarding collapse: Bhinde tells HC ‘illegal detention’ after being apprehended from Udaipur, prosecution refutes claim

A division bench of Justices Bharati H Dangre and Manjusha A Deshpande was hearing a plea by Bhinde, the owner of Ego Media Pvt Ltd that constructed the hoarding in Ghatkopar which collapsed on May 13 and killed 17 people. The plea stated that his arrest was ‘unlawful’ and that the collapse was an ‘act of God.’

The petitioner, who is in judicial custody, sought to quash the FIR registered for offence of culpable homicide not amounting to murder. Bhinde has also sought interim relief of release on bail, pending disposal of his plea.

On Friday, advocate Rizwan Merchant for Bhinde submitted that his client was apprehended form a hotel in Udaipur on May 16 and he was brought to Ahmedabad by car and was further brought to Mumbai by flight on May 17.

He specifically contended that the Police had indicated to media at 7.20pm on May 16 and had arrested him, contrary to the claims by prosecution of him being arrested on May 17. Therefore, the same period between May 16 and May 17 amounted to illegal detention and deprivation of Bhinde’s personal liberty.

However, Public Prosecutor Hiten Venegaonkar denied Bhinde’s claims and submitted that he was not arrested at Udaipur and after apprehending him, Bhinde had accompanied police till Mumbai, where he was formally arrested.

The Police, in its affidavit in reply sought dismissal of the plea stating that there was no violation of provisions including section 50 (persons arrested to be informed about grounds of arrest) of Criminal Procedure Code (CrPC) . It said that the magistrate court, during remand hearing, had rejected petitioner’s claim of ‘illegal detention’ and the petitioner was not wrongly implicated in the case.

The bench directed Bhinde to amend his plea by Monday, July 29, followed by an affidavit by the Police to additional grounds in the plea and posted further hearing to August 5.