The lawyer also told the court that if the tenants/occupants are not vacating the building, it is also the responsibility of the Brihanmumbai Municipal Corporation and Mumbai Police to get it vacated
The lawyer of the arrested accused in the Hussaini building collapse case told the court on Tuesday that the tenants and occupants of the building had been asked to vacate their houses by the Saifee Burahani Upliftment Trust (SBUT) but they refused to do so even after having sent notices.
The lawyer also told the court that if the tenants/occupants are not vacating the building, it is also the responsibility of the Brihanmumbai Municipal Corporation (BMC) and the Mumbai Police to get it vacated as they were informed by the MHADA about the dilapidated condition of the structure.
Shoeb Hashim Wajjiuddin (56), head of tenant management at SBUT, was arrested by JJ Marg police on Monday evening in connection with the Hussani building crash on August 31 that claimed 33 lives and injured 17. He was produced in the Sewree Magistrate Court on Tuesday for his remand hearing.
"The accused was responsible for evacuating the tenants and occupants of the building however he did not carry his responsibilities. To gather the sufficient evidence and fix the responsibility of other accused, we need custodial interrogation of the accused. There is the possibility of more arrests in the case and for that, the accused is need to be in police custody," police told the court.
Opposing the demand for police custody, Mihir Gheewala, lawyer for SBUT, told the court that his client should be remanded to judicial custody and the section of culpable homicide not amounting to murder is not suitable in the case. "The MHADA had sent us a notice for demolition of the building which was marked to all the tenants, occupants, fire authority (BMC) and senior police inspector of JJ Marg police station so they were aware that the building is dilapidated. However, only we are being held responsible for the unfortunate mishap. The police investigation shows that they are trying to protect the BMC and MHADA officials."
"In December 2016, the occupants had written us a letter refusing that they won't vacate the building unless work on a particular phase starts. How are we solely responsible for the mishap? Everything is documented and all the documents have been submitted to police. Hence, there is no need for custody as the police have already recorded the statement of Wajiuddin thrice," Gheewala added. Wajiuddin was sent to police custody until March 9.
PASSING THE BUCK
- The lawyer also told the court that if the tenants/occupants are not vacating the building, it is also the responsibility of the BMC and the Mumbai Police to get it vacated
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Shoeb Hashim Wajjiuddin")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}