The Bombay High Court on Friday dismissed the petition filed by advertising firm director Bhavesh Bhinde, arrested in the Ghatkopar hoarding collapse case, in which he claimed that his arrest was illegal and sought immediate release.
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.
Bhinde sought that the FIR registered against him be quashed claiming that the hoarding collapse of May 13, which killed 17 persons, was an "act of God" and he be released on interim bail pending hearing of the plea. He has been booked for culpable homicide not amounting to murder.
His lawyer Rizwan Merchant had argued that Bhinde was arrested from Udaipur on May 16 and was then brought to Mumbai.
He was, however, shown as arrested only on May 17, Merchant said, adding that Bhinde was in illegal detention for a whole day.
Merchant relied on media reports quoting the police saying that Bhinde was apprehended at Udaipur in Rajasthan and arrested.
Public Prosecutor Hiten Venegaonkar had argued that Bhinde was only apprehended in Rajasthan and was officially arrested on May 17.
Venegaonkar also submitted that all procedures for arrest, including the signatures of independent witnesses on arrest document, were complied with and the plea be dismissed.
Bhinde is the director of Ego Media Private Limited, which erected the giant hoarding in the city's Ghatkopar area that collapsed, killing 17 persons and injuring over 70.
The accused sought that the FIR registered against him 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 hoarding 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.
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