Ghatkopar hoarding case: Prime accused Bhavesh Bhinde seeks discharge

The prime accused in the Ghatkopar hoarding collapse case filed a discharge application in the court seeking a relief from the trial. The court also granted bail to fourth accused Jhanvi Marathe, Former Director of Ego Media Pvt Ltd. Bhavesh Bhinde, the prime accused claimed that the hoarding crash was due an ‘Act of God’ and beyond human control.

The Mumbai Police despite his claims, have opposed Bhinde’s discharge application, stating that there is substantial evidence to warrant a trial. The matter will come up for hearing on Dec 7.

Bhavesh Bhinde, director of Ego Media Pvt Ltd, which erected the Ghatkopar hoarding that claimed 17 lives after it crashed on a petrol pump on May 13, moved the sessions court seeking discharge from the case.

In his plea, Bhinde (50) stated that the incident was neither the result of any negligence nor mistake on his part, but was purely due to an unexpected natural disaster and an ‘Act of God,' which was beyond human control. He also denied that he failed to take the requisite permission from BMC to erect the hoarding. "…it is pertinent to note that this requirement does not apply in this case because the land belongs to the Railway Department.

The jurisdiction for permissions for structures on railway land lies with the Railway authorities, not the BMC," the plea said. The court directed the prosecution to submit its reply. The police alleged that despite being aware of the need for permission from BMC, the accused, in collusion with GRP and civic officials, illegally erected the hoarding.

However, Bhinde's discharge plea said that it was pertinent to note that the Railway Department sought a report from a former Bombay High Court judge. "…in that report, it is clearly mentioned by Justice… that the MCGM has no power to decide about hoarding erected on the property of railways and recover any tax or fee on the same. Inspection with regard to the stability of the structures of a hoarding etc. is being done by railways and, as such, the MCGM cannot recover any tax or fee… Therefore, it is crystal clear that the applicant (Bhinde) has not sought any permission from the MCGM because MCGM has no power and authority to look into the land of railways," the plea said.