Hussaini building collapse: HC allows accused to travel for Umrah

The Bombay High Court has allowed Shoaib Hasim Vajihuddin, the accused in the 2009 Hussaini building collapse case, to travel abroad for Umrah with strict conditions.

MUMBAI: The Bombay high court last week allowed the accused, Shoaib Hasim Vajihuddin, in the 2009 Hussaini building collapse case to travel abroad for Umrah and ordered a return of his passport.

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A bench of justice M S Karnik allowed Vajihuddin to undertake a pilgrimage to Saudi Arabia for Umrah on stringent conditions.

Vajihuddin, who served as the Head of the Department of Tenant Management at Saifee Burhani Upliftment Trust (SBUT) during the redevelopment of Bhendi Bazar in 2009, faces accusations of negligence leading to the collapse of the Hussaini building, claiming 33 lives and injuring 15 individuals.

Vajihuddin has been out on bail since September 14, 2018, after he surrendered his passport as a bail condition. However, his recent application to travel for Umrah and visit holy sites in Iraq prompted a legal proceeding before the high court.

During the hearing, the prosecution vehemently opposed the application, citing the seriousness of the charges and the risk of flight due to Vajihuddin’s possession of a British passport. The prosecution argued that there was a likelihood of the accused absconding and not returning to India to face trial.

In response, Vajihuddin’s defence team presented arguments emphasising his deep roots in the community and his willingness to comply with strict conditions. They highlighted his immovable properties in Mumbai and Gujarat, which he pledged not to encumber during his absence. Additionally, Vajihuddin’s wife expressed readiness to surrender her British passport, further mitigating concerns of flight risk.

After careful consideration, the court weighed the arguments from both parties. While acknowledging the seriousness of the accusations, the court emphasised the importance of balancing the accused’s rights with the need for safeguards. The decision to grant permission for Umrah travel came with strict conditions to ensure Vajihuddin’s compliance with legal obligations.

The court mandated Vajihuddin’s wife to surrender her British passport to senior police inspector of JJ Marg Police Station by February 9, 2024. Vajihuddin is required to submit a detailed travel itinerary to the trial court and the Investigating Officer, along with contact information during his travels. He must adhere to the stipulated return schedule and report back to the trial court on March 7, 2024, upon his return. Following this, Vajihuddin will surrender his passport to the Registry of the Sessions Court, Mumbai.