Director of Ego Media Bhavesh Bhinde, who was arrested for the Ghatkopar hoarding tragedy, has “serious antecedents and pending criminal cases against him”, the Mumbai police has told the Bombay high Court. The police further said that he and his wife were informed about his arrest in writing, which he acknowledged in writing.
The state was replying to a petition by Bhinde seeking quashing of the FIR against him claiming that the incident was an “act of god”. He also alleged that proper procedure was not followed while arresting him as he was not provided “ground of arrest” in writing, as mandated under the Code of Criminal Procedure (CrPC).
The police affidavit states that “records” show that Bhinde was arrested “after following the entire due process of law”. “… the arrest memo categorically mentioned grounds of his arrest he was informed in writing as well…,” the affidavit read.
The affidavit also points out the specific case diary entry made by the investigation officer on May 17. “The communication made to his wife is also noted in the station diary on the same date,” it added. Further, a copy of grounds of arrest was provided to the jurisdictional magistrate at the time of his production.
Bhinde’s advocate Rizwan Merchant submitted that he was illegally detained by the police on May 16 in Udaipur, Rajasthan, and was shown as “arrested” the following day after bringing him to Mumbai.
Merchant argued that after arresting Bhinde, the police posed for photographs for the media. The time recorded on photographs shows May 16, 7.20pm. He was then brought to Ahmedabad in a car from where they brought him on a flight to Mumbai on May 17. “He was in illegal detention from May 16-17, and it is a deprivation of liberty,” Merchant argued.
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However, state advocates Hiten Venegaonkar and Mankunwar Deshmukh, pointed out that the petition only raises the issue of not providing him grounds of arrest in writing.
A bench of Justices Bharati Dangre and Manjusha Deshpande said that if a fresh ground was raised about illegal detention, then the state has to be given a chance to respond to that.
