Ghatkopar hoarding collapse case: Bombay High Court asks police to respond to ad firm director’s plea for quashing FIR

Bombay High Court directs police to respond to petition of Bhavesh Bhinde, arrested in Ghatkopar hoarding collapse case.

The Bombay High Court on July 19 directed the police to file a detailed affidavit in response to a petition of advertising firm director Bhavesh Bhinde, arrested in the Ghatkopar hoarding collapse case.

Bhinde has sought that the FIR registered against him be quashed claiming that the hoarding collapse, which killed 17 persons, was an “act of God” and he is released on interim bail pending hearing of the plea. He has been booked for culpable homicide not amounting to murder.

A division Bench of Justices Bharati Dangre and Manjusha said the plea also raises the contention of illegal arrest as the mandatory notice under Section 41-A of the Code of Criminal Procedure was not issued to the accused first.

The Bench said the police will have to clarify their stand on this as several judgments say that illegal detention necessitates immediate release. Public Prosecutor Hiten Venegaonkar said a detailed affidavit will be filed. The court posted the matter for further hearing on July 26.

Bhinde is the director of Ego Media Private Limited which erected the giant hoarding in the city's Ghatkopar area that collapsed on May 13 killing 17 people and injuring more than 70.

Bhinde sought the FIR registered against him to be quashed claiming that the crash was an “act of God” and hence he cannot be held responsible. Bhinde, presently in judicial custody, sought to be released on bail pending hearing of his plea.

Citing the India Meteorological Department (IMD) weather bulletin issued on May 12, Bhinde claimed that the collapse was an “act of God”.