The Bombay High Court on Friday asked the Mumbai police to file a detailed affidavit and clarify their stand on the allegation of illegal arrest by Bhavesh Bhinde, the director of Ego Media, arrested for the Ghatkopar hoarding tragedy. Amid rains and strong winds, the giant billboard collapsed on May 13, killing 17 people and injuring more than 70.
Claiming that the incident was an “act of God", Bhinde has filed a petition, seeking quashing of the FIR against him. He is at present in judicial custody and has sought bail pending hearing in his quashing petition. On Friday, a bench of Justices Bharati Dangre and Manjusha said the plea raises the contention of illegal arrest as the mandatory notice under section 41A of the Code of Criminal Procedure was not issued to the accused. The provision mandates serving a notice before arrest in offences punishable with less than seven years of imprisonment.
The judges said that police will have to clarify its stand on this as there are several judgments that say if there is illegal detention then there has to be immediate release. Public prosecutor Hiten Venegaonkar told the bench that they will file a detailed affidavit. The HC then kept the matter for hearing on July 26.
In his plea, Bhinde contends that the ill-fated hoarding was legal and that the FIR against him was registered due to political pressure. Apart from claiming that he was not a director at Ego Media when the hoarding was put up, he asserted that even the India Meteorological Department failed to predict the severe dust storms with gusty winds that hit Mumbai on the fateful day.
