Hussaini case: BMC chief, SBUT trustees get Bombay HC relief

The Bombay High Court on Wednesday disposed off a PIL filed by a social activist seeking directions to the JJ Marg police, to include as accused in a criminal case, the Brihanmumbai Municipal Commissioner and Trustees of the Saifee Burhani Upliftment Trust (SBUT), in the Hussaini building collapse case, of last year.

A division bench of Justice S C Dharmadhikari and Justice Bharati Dangre, while disposing off the PIL filed by Sayyed Jalauddin said “The Police which has recorded the statement of the petitioner and also received the documents/evidence submitted by him, can analyze the same and if found fit take appropriate action, according to law.”

Advocate Prajakta Shinde appearing for the police informed the court that the statement of the petitioner has been recorded and if need be, police will call him for any additional statement.  As per the petition, Jalauddin claims that he personally knew families staying in the collapsed building and hence this plea. 

The petition claims that the FIR registered by the police under section 304 A (causing death by negligence), is eyewash as the trustees of the SBUT, which are carrying out the redevelopment of Bhendi Bazaar, are not named.

The building had collapsed on August 31, killing 33 persons and injuring 17. The JJ Marg police subsequently registered a First Information Report (FIR) against officials of SBUT. The police said between March 28, 2011 and August 31, 2017, SBUT officials were aware that Hussaini building was dangerous to live in and Maharashtra Housing and Area Development Authority (MHADA) had granted permission to demolish it. Despite officials knowing the consequences if the building collapsed, it was not vacated.

COURT RULING

• A division bench of Justices SC Dharmadhikari & Bharati Dangre disposed off the case
   
• The petition claims that the FIR registered by the police under section 304 A is eyewash as the SBUT trustees are not named