Fire shocked our conscience, says Bombay High Court

The Kamala Mills fire, in which 14 people died, has been an eye opener and has led us to ensure the review and proper implementation of rules, the Bombay High Court observed on Monday, while directing the Brihanmumbai Municipal Corporation (BMC) and the state government to furnish the details of rules and regulation and circular and bye-laws applicable for an eatery/pub/bar to gain licence. 

The court was hearing a public interest litigation filed by former Mumbai Police Commissioner Julio Ribeiro, seeking the setting up of a judicial commission for accounting the responsibility of government officials, for their lapses and direction to the authorities to conduct a fire audit of all restaurants and pubs.

A division bench of Justices R M Borde and Rajesh Ketakar said, “The incident (Kamala mills) was an unfortunate one which has shocked our conscience. Put your house in order, corporation.” These observations followed after the court perused, a corporation report, which indicated several lapses and lack of licences with the two pubs, 1 Above and Mojo’s Bistro, where the fire took place.

Appearing for the corporation, senior advocate Anil Sakhare defended the authority: “Following the unfortunate incident, which should not have happened, the administration has undertaken a special drive, in which action has been taken against several eating houses and pubs.”

To this, the bench said, “The report says the pubs were in an area open to sky. We have read there is no rooftop restaurant policy (in the city), so how did authorities give permissions to these pubs? Did they not go and re-verify if they were following the norms properly?”

In their comprehensive replies, the state government and the civic body has to give details on the requirements for getting permission and what follow-up actions have been taken by authorities, including, the Excise department, to check whether the rules and regulations are followed. The replies have to be submitted by February 12. “We expect the corporation and the government to perform its statutory duties,” the Bench said.

Arguing for petitioner Ribeiro, advocates Sujay Kantawala and Ashish Mehta said the corporation had twice demolished illegal structures at pubs, but still they flourished. The court expressed its surprise and said, “What is the mechanism by which authorities re-verify these eateries after granting permission; you will have to place that on record.”

The court also asked the civic body about the safety measures adopted by roadside food stalls, which cook and re-heat food using gas cylinders. “We understand they (food stalls) cater to a larger public but incidents of fire and dangers posed are similar to those by eating houses which do not have proper or no permissions. Should not the corporation also check them?”

Sakhare told the court that on the directions of Chief Minister Devendra Fadnavis who has asked the civic body to submit a report of the fire, which will be submitted by Friday, the report will include all the things which have been done and will be done, and the same report will be submitted in a sealed envelop to the court.

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The court also permitted the Indian Hotel and Restaurant Association to intervene in the matter. While allowing so, the court said, “Good that you have come on your own, we can give necessary suggestions to you directly for better implementation.”

Vishal Karia, who is presently in police custody, for allegedly harboring an accused in the Kamala Mills Fire case, was allowed to apply for regular bail, before a magistrate court, by the High Court.