Ghatkopar hoarding collapse: HC rejects accused Bhinde's plea

While issuing the order, a Division Bench led by Justices Bharati Dangre and Manjusha Deshpande remarked that the case lacks merit.

On Friday, the Bombay High Court rejected the petition for release submitted by Bhavesh Bhinde, the director of Ego Media, the advertising company responsible for the large hoarding that fell in Mumbai's Ghatkopar area during severe rains and a storm, resulting in the deaths of 15 people and injuries to approximately 70 others on May 13.

In his petition, Bhinde, who is currently in custody, argued that his arrest was unlawful and sought his immediate release. While issuing the order, a Division Bench led by Justices Bharati Dangre and Manjusha Deshpande remarked that the case lacks merit. “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. We do not find any merits in the arguments of the applicant. The petition stands dismissed,” the Bench said.

Advocate Rizwan Merchant, representing Bhinde, argued before the Bench that the Mumbai Police had unlawfully detained his client for an entire day. Bhinde was arrested in Udaipur on May 16 and subsequently brought to Mumbai, where he was officially arrested on May 17; however, Merchant contended that the actual arrest occurred on May 16. He also stated that Bhinde was not provided with a written statement of the grounds for his arrest, as required by the Supreme Court in the Prabir Purkayastha case, emphasising that his client was in illegal detention for a full day.

Bhinde's petition has requested the judges to dismiss the FIR filed against him concerning the hoarding collapse incident, which resulted in multiple deaths and injuries, arguing that it was an "act of God" and not his responsibility.

“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. The unexpected and unprecedented wind speeds of up to 96 kmph caused the hoarding to collapse, an event for which neither Bhavesh Bhinde nor Ego Media Pvt Ltd could be held accountable. Moreover, the hoarding was legally erected with all requisite permissions,” the petition read.

Bhinde's petition sought to dismiss the FIR against him, claiming the incident was due to unforeseen weather conditions rather than faulty construction. The Public Prosecutor countered that proper procedures were followed during the arrest, and Bhinde was apprehended while trying to evade capture.