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2014 Supreme(Bom) 2086
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ABHAY M. THIPSAY, J.
Abdul Salim Shaikh (Siddique) & Anr. – Appellants
Vs.
State of Maharashtra – Respondent
Criminal Bail Application No.850, 179, 236 of 2014
Decided On : 28th October, 2014
Mr. MAJEED MEMON, Sr. Adv. with MOHD. SHINE i/b MZM LEGAL, for the Applicant in BA 850/14
Mr. N.P. DALVI, Adv. for the Applicant in BA no.179/14
Mr. NITEEN PRADHAN, Sr. Adv. with Ms. S.D. KHOT & Ms. AMEETA UTTIKRISHNAN, Advs. For the Applicant in BA No.236/14
Ms. S.Y. SONAWANE, APP for the Respondent State in BA 179/14 and 236/14
Ms. Y.S. MHAISPURKAR, APP for the Respondent State in BA 850/14
Mr. SHISHIR HIRA Y, Special P.P in all the matters
The degree of criminality and the category of unlawful homicide do not depend solely on the consequences but also on the state of mind of the wrongdoer.
Headnote:
Building Collapse - Criminal Law - IPC 304, IPC 336, IPC 337, IPC 338, IPC 308, IPC 120(B), IPC 109, IPC 119, IPC 420, IPC 465, IPC 467, IPC 468, IPC 471, IPC 427, Prevention of Corruption Act, 1988 13(1)(d)
Fact of the Case:
The case involves the collapse of a building being constructed illegally without permission, resulting in 74 deaths and 62 injuries. The accused were alleged to have carried out illegal construction work, bribed municipal officers, and forced individuals to stay in the building, leading to the collapse.
Finding of the Court:
The court found that the accused did not have the requisite knowledge or intention to cause the building collapse and the resulting deaths, and therefore, the offence was not culpable homicide under IPC 304. The court also noted the absence of charges under section 52 of the MRTP Act, despite it being the most obvious offence committed by the accused.
Issues: The primary issue was whether the accused had the requisite knowledge or intention to be charged with culpable homicide under IPC 304, and why charges under section 52 of the MRTP Act were not leveled against the accused.
Ratio Decidendi: The court emphasized that the degree of criminality and the category of unlawful homicide do not depend solely on the consequences but also on the state of mind of the wrongdoer. It concluded that the accused were liable for an offence punishable under IPC 304A due to reckless and high-handed conduct aimed at profit-making, but not under IPC 304.
Final Decision: The court granted bail to the accused, subject to conditions, and rejected the state's request to stay the operation of the bail order.
These three applications can be conveniently disposed of by this common order, as the applicants in all these applications are the accused in one and the same case i.e. Special Case No.17 of 2013 arising out of C.R.No.l-63 of 2011 registered at Shil Daighar Police Station, Thane. There are totally 23 accused who have been arrested in the said case. The applicants - Abdul Salim Shaikh and Jamil Ahmed Jamahuddin Shaikh (in Bail Application No. 850/14) were arrested on 6th April 2013. The applicant - Hadisullah Raggibullah Chaudhary (in Bail Application No.179/14) was arrested on 11th April 2013, and the applicant-Abdul Hakim Mohd. Naseer Chaudhari (in Bail Application No. 236/14) was arrested on 15th April 2013. The applicants are in custody since the dates of their respective arrest.
2. The case relates to the collapse of a building that was being constructed illegally without permission from the Municipal Corporation of Thane, and with the connivance of the officers from the Municipal Corporation. 74 persons died in the mishap and 62 were injured.
3. The case of the prosecution is as follows:-
That the applicants were carrying on construction business in partnership. They had illegally procured some land belonging to the adivasis. They had constructed two buildings i.e. ‘Adarsh A’ and ‘Adarsh B’ on the plot of land described as “Lucky Compound”. They had not obtained or secured any permission from the municipal corporation to carry out the said construction work. A number of complaints about the illegal construction that was going on were made by different persons to various authorities, but the concerned authorities, and the municipal officers deliberately ignored the complaints, and permitted the illegal work to be carried out, as they had been bribed by the said applicants and others. The construction work was hurriedly carried out, and it was sub-standard. The ‘A’ building was completed in a haste. The ‘B’ building was also being completed hurriedly and the construction of seven floors was completed in just about 4 months. In order to avoid any action from the municipal corporation, and to make the demolition of the illegal construction difficult, the applicants - on the advice of the municipal officers- had inducted some persons in the said building as tenants/gratuitous licencees, or temporary occupants. While the construction of the 8th floor was going on, the 'Adarsh B' building collapsed on 4th April 2013, causing death of 74 persons and injuries to other 62. One of the occupants of the building Sharfuddin Mukhtar Ali Mansoori who was having two tenements in the said building, and who him self was injured due to the collapse of the said building, lodged a report with the Shil Diaghar Police Station which was treated as the First Information Report, and a case in respect of offences punishable under sections 304 IPC, 336 IPC, 337 IPC, 338 IPC r/w section 34 of the IPC, was registered.
During the course of investigation, some more offences were added to the case, and the police report submitted after investigation alleges that the applicants (and the other accused) have committed the offences punishable under sections 304 IPC, 336 IPC, 337 IPC, 338 IPC, 308 IPC, 120(B) IPC, 109 IPC, 119 IPC, 420 IPC, 465 IPC, 467 IPC, 468 IPC, 471 IPC, 427 r/w section 34 of the IPC and u/s. 13(1)(d) of the Prevention of Corruption Act, 1988.
4. In the course of investigation, there have been shocking revelations. The investigation revealed the close and ugly nexus between the builders and municipal officers. It transpired that the builders were paying bribes to the Officers from the municipal corporation, and that therefore, in spite of repeated warnings and complaints from several persons, the municipal authorities did not take any action in the matter. They had allowed the building to be constructed up to 8 floors, and had connived at the illegal construction work which was being carried out openly, high handedly, and by flouting a
