Mumbai: A Public Interest Litigation (PIL) has been filed in the Bombay High Court seeking directions that Kasa Police in Maharashtra's Palghar add stringent non-bailable sections of culpable homicide not amounting to murder against Dr Anahita Pandole.
The petition also seeks that Darius Pandole, Anahita's husband, be inculded in the chargesheet as an accused for abetment of culpable homicide.
The petitioner Sandesh Jedha also demanded copies of the Event Data Recorder report recovered from the crashed Mercedes Benz car, Post mortem report and other ancillar reports.
Cyrus Mistry car accident
Dr Ananhita Pandole was behind the wheel on the fateful day when the car industrialist Cyrus Mistry was present in got into an accident on the Mumbai-Ahmedabad highway on September 4 killing Mistry and Anahita's brother-in-law Jehangir Pandeole. Anahita and Darius both suffered grevious injuries.
Petitioner alleges case being whitewashed
The PIL has asked for High Court to monitor the investigation in the deaths of Industrialist Cyrus Mistry alleging that police have been very lenient. The petition further asked for framing guidelines for the safety of vehicular passengers in case of dangerous and drunk driving.
“At present, all bailable sections have been applied by police which is actually not applicable as per the situation. A total eyewash by the prosecution has been done at present. Darius Pandole should be made accused of allowing his drunk wife to drive the vehicle at high speed leading to the collision and subsequent death of industrialist Cyrus Mistry,” said advocate Sadique Ali for petitioner Sandesh Jedhe.
The petition has alleged Dr Anahita Pandole had consumed alcohol till late at night on September 3 at Cafe Panama, Lower Parel, and drove early the next morning to Udvada, Gujarat with her husband Darius Pandole, co-passengers Cyrus Mistry and Jehangir Pandole.
The speeding vehicle had a head-on collision on return journey from Udvada to Mumbai same afternoon on the divider of Surya River bridge at Chaorti, Palghar.
Dr Anahita Pandole allegdely had pending seven traffic offenses for over speeding and jumping signals.
Petitioner alleged a two-month delay in filing FIR
Jhede claimed that the Kasa police delayed filing of mandatory FIR by two months in the case. Palghar police had filed the FIR on 5 November 2022.
The petition further mentioned that recommendations of the Supreme Court and 243rd report of the Motor Vehicles (Amendment) Bill, 2016 to be implemented which recommends strong deterrents for rash and negligent driving.
“Palghar police failed to collect blood samples of the driver involved in the fatal accident killing Cyrus Mistry and Jehangir Pandole to check for alcohol levels. Police also failed to mention the brake pressure applied by the driver at the time of the accident available in EDR while filing FIR,” added Ali.
Dr Anahita Pandole, survivor in Cyrus Mistry car crash was discharged from Reliance Foundation hospital after 108 days on Thursday.
Palghar Superintendent of Police Balasaheb Patil was unavailable for comments.
