In a huge relief to the former Brihanmumbai Municipal Corporation (BMC) commissioner and three additional municipal commissioners, the Bombay high court on Tuesday quashed the order issued by a metrop
In a huge relief to the former Brihanmumbai Municipal Corporation (BMC) commissioner and three additional municipal commissioners, the Bombay high court on Tuesday quashed the order issued by a metropolitan magistrate court against them in connection with charging them under Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code. The magistrate court had said that an FIR should be registered against these civic body officials in connection with the collapse of a BMC-owned five-storey building near Babu Genu Market in Mazgaon on September 27, 2012, which had claimed 61 lives.
The division bench of Justice Abhay Oka and Justice Amjad Sayed on Tuesday quashed the order issued by a magistrate court against former BMC chief Sitaram Kunte and additional commissioners Rajiv Jalota, Manisha Mhasekar and Mohan Adtani. The Mumbai Municipal Mazdoor Union leader Sharad Rao had alleged that the senior-most officers were aware of the building’s dilapidated condition and had allowed it to collapse and filed a private complaint in Bhoiwada magistrate court seeking registration of FIR against the then BMC commissioner and other high ranking BMC officials. His contention was that though police had filed a complaint against many persons, action against senior most officers was also required.
The police charged around 11 BMC officials with culpable homicide and death due to negligence.
Mr Kunte along with three other officials approached the Bombay high court, challenging the process issued by the Bhoiwada court. Their advocate argued that the process cannot be issued against IAS officers and prior sanction from the government was required to prosecute them. Moreover, they argued that the commissioner could not be held personally liable for the collapse of buildings in the city.
