Ghatkopar hoarding collapse: HC order on plea by Ego Media owner against FIR citing ‘act of God’ on Aug 9

Bhinde, through advocate Rizwan Merchant, claimed that while he was shown to be arrested on May 17 this year, his apprehension by police on May 16 from Udaipur in Rajasthan and subsequently bringing him to Mumbai via Ahmedabad amounted to illegal detention.

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Merchant argued that it was “shocking” that when Bhinde was produced before a magistrate at Esplanade Court on May 17, an arrest memo was not given and the officer did not share any information with the magistrate. (Express Archives)

The Bombay High Court on Wednesday concluded hearing and reserved its order on a plea seeking quashing of FIR by Bhavesh Bhinde, the owner of Ego Media Pvt Ltd, which constructed the hoarding in Ghatkopar that collapsed on May 13, killing 17 people. The court said it will pass an order on Friday.

A division bench of Justices was hearing a plea by Bhinde, stating 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 offense of culpable homicide not amounting to murder. Bhinde has also sought interim relief of release on bail, pending disposal of his plea.

Bhinde, through advocate Rizwan Merchant, claimed that while he was shown to be arrested on May 17 this year, his apprehension by police on May 16 from Udaipur in Rajasthan and subsequently bringing him to Mumbai via Ahmedabad amounted to illegal detention.

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In support of his claim, Merchant cited media reports and argued that an officer of the Crime Branch unit, DCB-CID had informed the media that Bhinde was arrested on May 16 and none of the media reports were denied by the police department.

On the contrary, Merchant added, that the state lawyer had told the magistrate that he learnt about grounds of arrests through media reports and no signature of the witness was mentioned on the arrest memo, therefore, it was a violation of the arrest procedures.

However, public prosecutor Hiten Venegaonkar for police denied Merchant’s claims and submitted that Bhinde was not arrested on May 16 but was only apprehended by Rajasthan Police from a hotel.

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Venegaonkar added that when the accused persons, including Bhinde, were non-traceable on May 13 and 14, the police commissioner had formed search teams and a crime branch team was sent to Udaipur. He added that it was necessary to apprehend Bhinde on May 16 as he was staying in Rajasthan with changed identity and made drastic changes in his appearance to mislead the police officers.

After Bhinde was apprehended, Venegaonkar said, police brought him to Ahmedabad by road due to non-availability of flight from Udaipur. He was then flown to Mumbai. Bhinde was arrested on 12.40 pm on May 17 and was produced well within 24 hours before the magistrate, police added.
Venegaonkar also submitted that all procedures for arrest including signatures of independent witnesses on arrest document were complied with and the plea be dismissed.

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