Ghatkopar hoarding case: Bombay HC finds no merit in claims of Ego Media owner, dismisses plea
The Court said that there was no impairment in the mandated procedure, no legal infirmity in remand orders, and no merits in the contention that his arrest was illegal.
The Bombay High Court on Friday dismissed a plea challenging the arrest of Bhavesh Bhinde, the director of Ego Media advertising agency responsible for erecting a hoarding in Ghatkopar that collapsed on May 13 and led to the deaths of 17 people.
A Bench comprising Justices Bharati Dangre and Manjusha Deshpande ruled against Bhinde’s contention that his detention prior to May 17 (the official date of his arrest) was unlawful, stating there was nothing to support his claim of illegal detention.
The Court said that there was no impairment in the mandated procedure, no legal infirmity in remand orders, and no merits in the contention that his arrest was illegal.
Bhinde, the director of Ego Media Pvt. Ltd., had sought interim bail and requested the quashing of the first information report (FIR), which accused him of committing culpable homicide not amounting to murder.
"The 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 said.
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 could be held accountable, insisted the petition. As per his plea, the hoarding was legally installed after securing all requisite permissions from relevant authorities.
Bhinde was arrested under sections 304 (culpable homicide not amounting to murder), 338 (negligence and hurting), 337 (endangering human life), and 34 (criminal act done by several people with common intention) of the Indian Penal Code.
