The Bombay High Court.
Credit: PTI File Photo
Mumbai: The Bombay High Court on Friday dismissed a plea filed by advertising firm director Bhavesh Bhinde, arrested in the Ghatkopar hoarding collapse case, in which he had claimed the incident was an "act of God" and his arrest was illegal.
A division bench of Justices Bharati Dangre and Manjusha Deshpande said it has not found any legal infirmity and no impairment in the procedure mandated while arresting a person.
"We find no legal infirmity. The ground of illegal arrest and detention by the petitioner is nothing but a faux. There is no impairment in the procedure. The petition is dismissed," the court said.
The bench said the procedural safeguards, which are indefeasible and receive recognition through the constitution, which have considered liberty of the citizen to be of paramount importance, is not impaired in any manner.
Bhinde had sought to quash the First Information Report (FIR) against him, claiming that the incident, which occurred on May 13, was an "act of God" and that he should not be held responsible.
He is charged with culpable homicide not amounting to murder and is currently in judicial custody. He had sought release on interim bail pending the hearing of his plea.
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 over 70.
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".
"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.
It further claimed that 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 Pvt Ltd could be held accountable.
As per his plea, the hoarding was legally erected with all requisite permissions.