HC seeks Malvan police’s report on seized devices of contractor in Shivaji statue collapse case

The Bombay High Court directed Malvan police to provide details on electronic gadgets seized from sculptor Jaydeep Apte, affecting his livelihood.

MUMBAI: The Bombay High Court on Wednesday directed the Malvan police to submit details of their last correspondence with the Kolhapur forensic lab in connection with the electronic gadgets seized from sculptor-contractor Jaydeep Apte after the Chhatrapati Shivaji Maharaj’s statue collapsed at the Rajkot Fort in Malvan on August 6, 2024.

Bombay High Court at Fort (HT Archives) (Anshuman Poyrekar/HT PHOTO)

The 35-foot statue was erected at a cost of ₹2.44 crore and inaugurated by the Prime Minister in December 2023. Following its collapse on August 6, 2024, the Sindhudurg police, acting on the Public Works Department’s complaint, filed an FIR against Apte for negligence and other offences under the Bharatiya Nyaya Sanhita, 2023, and the Damage to Public Property Act. Apte was on the run after this, and the police had formed seven teams to search for him. However, 10 days after the FIR registration, he surrendered to the Kalyan police on September 5, 2024.

According to Apte’s petition, filed by advocate Ganesh Sovani, after the investigation was completed, he had filed for bail multiple times, and the district courts rejected them. Finally, a High Court’s single-bench of justice, N R Borkar, granted him bail on January 10, 2025. However, during the pendency of his bail application before the High Court, the Investigation Officer (IO) had filed the charge sheet before the Judicial Magistrate of First Class, Malvan, on November 8, 2024, which was then transmitted to the Sindhudurg Sessions Court.

During the investigation in the second week of September 2024, Apte’s mobile phone and laptop were seized from his house in Kalyan. When he approached the sessions court seeking a direction for his electronic gadgets to be returned to him, the court rejected the plea on May 9, 2025. Aggrieved by this, Apte moved the Bombay High Court, stating that the sessions court rejected his plea without appreciating the factual grounds mentioned in the application. As a professional artist who earns his livelihood by carving various statues and other related work, the gadgets have all his commercial contacts and agreements, he said. The phone, which is the only way he could get in touch with data from his old customers and other commercial transactions, is in policy custody. The petition stated, “He requires the laptop as he has to make a presentation and prepare some new or fresh projects. Moreover, his bank accounts are operated through Google Pay/PhonePe and his Debit Card is also used through the mobile,” the petition stated.

The police, on the other hand, stated that the gadgets were sent to the forensic lab at Kolhapur on September 3, 2024, and have not been returned yet.

On Wednesday, the court took note of Apte’s counsel and noted that the seized gadgets contain data linked to his business dealings, whose continued seizure impacted his operations. While the bench acknowledged the investigating agency’s right to seize the electronic devices relevant to the case, it said Apte had the right to access non-incriminating material required for his livelihood. It further said any access to the devices would depend on examination by the forensic department.

The police informed the court that they did not carry the relevant documents. So the court directed the state’s counsel to seek instructions from the concerned police station and clarify their last correspondence with the forensic department. The next date of the hearing is scheduled for August 14.