E-Paper
Release 31 supercars seized on January 26, Bombay HC tells BKC police
A bench of justices Anuja Prabhudessai and NR Borkar ordered the authorities to release the cars, ruling that the police action lacked sufficient legal basis
MUMBAI: The Bombay high court on Thursday ordered Bandra Kurla Complex (BKC) police to release 31 high-end and sports cars impounded on January 26 morning on the ground that the car rally violated prohibitory orders that bar gatherings of more than five persons.
A bench of justices Anuja Prabhudessai and NR Borkar ordered the police to release the cars, ruling that the police action lacked sufficient legal basis and underlined that the first information report (FIR) was registered after seizing luxury cars including Ferraris and Lamborghinis.
The rally, organised by an event management company to mark Republic Day, was publicised on social media and listed on the online ticketing portal, bookmyshow. The police action came after the cars assembled at the Jio World Drive mall at 6am on January 26, waiting for the car rally from the mall to the Mumbai Trans Harbour Link and back to start.
Why the high end cars were seized in Mumbai
The car owners petitioned the Bombay high court to cancel the FIR after police officers refused to release the cars, insisting that the police action was unlawful.
Lawyer Aabad Ponda, who appeared for the car owners, on Thursday argued before the bench that the FIR was an afterthought after a verbal altercation between the police and one of the car owners.
Ponda highlighted the discrepancies in the notices issued to the owners by the police which he said, initially accused the owners of improper documentation, and later linked the police action to unauthorised modifications to the cars. This was an abuse of power, Ponda reasoned.
The court appeared to agree and asked why prior notices were not issued to the car owners in connection with the vehicles.
The government, however, continued to justify the police action, saying the assembly of people for the rally was deemed illegal, and cited orders issued considering Republic Day security.
The owners, mostly businessmen residing in Bandra, Khar and Andheri, as well as the rally organisers were booked under section 188 (deliberate disobedience of an order that is duly promulgated by a public servant empowered by law to do so) and relevant sections of the Maharashtra Police Act 1951.
