Bhavesh Bhinde says hoarding collapse an ‘act of God’, sent to police custody

Bhavesh Bhinde, arrested in the Ghatkopar hoarding collapse case that killed 16, claims innocence due to position timeline and act of God defense.

MUMBAI: The Esplanade metropolitan magistrate court on Friday remanded Bhavesh Bhinde, arrested in connection with the hoarding collapse in Ghatkopar which killed 16 people, to police custody till May 26. Bhinde, however, claimed that he could not be held responsible for the mishap, firstly because it was an act of god and secondly because permission for the hoarding was granted to Ego Media Pvt Ltd in 2022, when he did not hold any position in the advertising firm. He also

Crime Branch Team arrived along with the accused Bhavesh Bhinde at Mumbai International Airport, Bhinde, the owner of the advertising firm, The 120x120-foot advertising hoarding set up by Bhinde's company in Pant Nagar collapsed on May 13 in Mumbai, India,(Hindustan Times)

The Pant Nagar police had on Monday booked Bhinde under sections 304 (culpable homicide not amounting to murder), 337 (causing hurt by act endangering life or personal safety of others), 338 (causing grievous hurt by act endangering life or personal safety of others) and 34 (common intention) of the Indian Penal Code. The 51-year-old Mulund resident was arrested on Thursday evening from a hotel in Udaipur, where he was staying under a fake identity. He was brought to Mumbai early on Friday and produced before the metropolitan magistrate court in the afternoon.

The crime branch sought his remand, saying high stakes were involved in the hoarding business and they needed to probe if anyone other than Bhinde was involved in the matter. They claimed that soon after Bhinde got wind of the hoarding collapse, he fled from Mumbai to Lonavala by road before returning to Shil Phata in Thane. From there, he went to Ahmedabad by train before boarding a bus to Udaipur. He checked into a hotel in Udaipur after reaching there on Wednesday evening, and remained there till he was apprehended on Thursday.

Advocate Rizwan Merchant, who represented Bhinde, claimed that the 51-year-old did not hold any post in Ego Media when the Government Railway Police (GRP) gave the contract to the firm. He said that terms and conditions of the contract were fixed on July 7, 2022 while the contract was awarded on November 22, 2022, whereas Bhinde became the director of the firm more than a year later, on December 21, 2023. Merchant further claimed the hoarding collapse on May 13 was an act of God, as the city was lashed by strong winds with a speed of 96 km/hour, which also led to the collapse of a steel structure in Wadala; hence, section 304 (causing death by negligence) of the Indian Penal Code was not applicable in the case, especially when the structural audit report of the hoarding said that it was safe and sound.

Given these circumstances, Bhinde could not be foisted with criminal liability, nor could an FIR be registered against him, said Merchant. He also questioned the legality of his client’s arrest, claiming that he was not furnished reasons for his arrest and though he was apprehended in Udaipur, he was shown as arrested in Mumbai, and urged the court to not remand him in police custody.