Bandra-Worli Sea Link crash accused: I lost control while charging my phone, accused tells cops

While seeking his custody remand, the police informed the court that the 40-year-old Mohammed Ali Road resident had in his statement claimed that his mobile handset was discharged and the accident was caused after he lost control over his Hyundai Creta while attempting to put the phone on charge

Mumbai: A Metropolitan Magistrate Court at Bhoiwada sent 40-year-old Irfan Abdul Rahim Bilakhiya, arrested in connection with the early morning accident on Bandra-Worli Sea Link in which five people were killed and eight others injured, to a day’s police custody on Thursday.

Mumbai, India - October 06, 2022: Accused 40-year-old Irfan Abdul Rahim Bilakhiya who was driving the Hyundai Creta car remanded to one-day police custody, after arrested and produced for the Bandra-Worli Sealink road accident case in the early hours of Wednesday, at Bhoiwada Court, in Mumbai, India, on Thursday, October 06, 2022. (Photo by Bhushan Koyande/HT Photo) (HT PHOTO)

While seeking his custody remand, the police informed the court that the 40-year-old Mohammed Ali Road resident had in his statement claimed that his mobile handset was discharged and the accident was caused after he lost control over his Hyundai Creta while attempting to put the phone on charge. The accused also claimed that it was negligent on the part of Sea Link authorities to not set up barricades or signage or traffic safety cones to indicate the presence of stationary vehicles on the bridge.

Public prosecutor Bharti Bhosale informed metropolitan magistrate SP Bhosale that the accused was negligent, as he was aware of the dangers of putting a phone on charge while driving. “Hence we have applied the charge of culpable homicide not amounting to murder (section 304-II of the Indian Penal Code) against him,” the prosecutor said.

Bharti Bhosale also showed the footage of the accident to the court, claiming that the accused was speeding.

Meanwhile, appearing for Bilkhiya, Vikram Chavan and Chandani Bhatt submitted that section 304-II was not applicable in the case. They said, the first part of the section (causing death by negligence) would be applicable given the facts and circumstances of the case.

“A confession statement made before a police officer is irrelevant in a criminal proceeding under the Evidence Act. The authorities that handle Bandra-Worli Sea Link (BWSL) had not followed standard protocol – they had not barricaded the area where the vehicles were stranded in the middle of the road, because of which the accident took place. The police have already taken our client’s blood samples and therefore his police custody was not required to be granted. Bilkhiya himself is diabetic and a victim, as he too suffered injuries to his right hand, head and jaw,” Chavan said.

Bilkhiya, who appeared before the court in a black T-shirt, broke down during the course of the proceedings, claiming that he was suffering from body pain due to the accident.

An official from BYL Nair Charitable Hospital claimed that Bilakhiya had refused to get admitted to the civic hospital when he was brought in by the police. “He insisted that he was not hurt or in pain at all. Had we admitted him, one of the first things we would have done is test his blood for alcohol levels,” said the official. “Instead, he kept stalling any procedure until his family could take him to Saifee Hospital.”

His counsel, however, denied the allegations and claimed that he did not abscond after the accident and was present at his house.

After hearing both the sides, the court remanded Bilkhiya to a day’s police custody.

“We want to know how he suddenly went from lane number 2 to lane number 4 and dashed into the stationary vehicles. We want to check, if he was under the influence of drugs or liquor,” said Anil Koli, senior police inspector of Worli police station.

Koli said, police have also recorded the statement of Krishna Kumar Yadav, who was in the towing van and admitted to Bhabha Hospital; he has narrated the entire incident to the police. “We are checking the speed of Bilkhiya’s vehicle at the time of the accident, with Mumbai Traffic Police. There are several speed cameras installed on the Sea Link,” said the police officer.