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'No ': Gujarat HC Frees Financier in Deadly 2001 Quake Collapse
In a significant ruling, the has discharged Bharatbhai Ghanshyambhai Shah, a financier linked to the ill-fated Sangemarmar Complex, from charges of and . Justice Hasmukh D. Suthar ruled that the 2001 earthquake—not any criminal act—caused the tragedy that claimed 11 lives, as reported in contemporary coverage of the case.
The Earthquake That Shook Foundations—and a Man's Life
The saga traces back to , when a 7.9 Richter Scale earthquake devastated Gujarat. The Sangemarmar Complex in Ahmedabad's Ambawadi, built between , saw one of its wings severely damaged, leading to deaths. Shah, who funded the superstructure and occupied flats along with his family, faced charges under Sections 304 () , 120B () of the , and provisions of the .
Lower courts had rejected his discharge plea under , framing him as potentially involved in construction flaws. Shah challenged this via revision application No. 264 of 2013, arguing he was merely an investor, not the builder.
Defense: 'I Funded, I Didn't Build'
Shah's counsel, , hammered home that Jag dishchandra Gordhandas Sodhan was the true owner and builder, holding all permissions from , municipal payments, and even filing a caveat against Shah as a mere "unauthorized investor." Key points: - No evidence tied Shah to construction; he was a financier post-completion. - Damage stemmed from a "natural calamity" a decade after building. - report pointed to deviations like penthouse and oversized tank by the actual builder. - No —criminal intent or knowledge—for . - Burden on prosecution unmet; discharge mandatory without case.
Prosecution: 'FIR Names Him, Trial Will Reveal Truth'
countered that the FIR explicitly named Shah, with investigation material showing his "active role" beyond financing. The collapse's gravity—11 deaths—demanded trial to probe conspiracy and construction involvement. At discharge stage, evidence sufficed for Sections 304, 120B , and Flats Act violations; deeper facts needed trial scrutiny.
Court's Razor-Sharp Reasoning: Nature Over Negligence?
Justice Suthar meticulously sifted the record, finding Shah "merely a financier." Sodhan's ownership documents and indemnity bonds left no room for Shah as owner, developer, or contractor. Critically:
- demands —intention or knowledge likely causing death. Absent here, as quake post-dated construction by 10 years; age and nature could explain failure.
- Charge-sheet barren of evidence against Shah.
- Precedent from Ygesh alias Sachin Jagdish Joshi v. State of Maharashtra (2008): At discharge, favor accused if two views possible.
- Echoing State of Maharashtra v. Mahadev Prasad Kaushik (2008 SCC), negligence suits , not graver 304 without intent/knowledge.
The court lauded as a "preliminary judicial filter" shielding innocents from trials, upholding liberty and efficiency.
Key Observations from the Bench
"It emerges that the present applicant was merely a financier. The material on record further indicates that one Mr. Jagdishchandra Gordhandas Sodhan had obtained the requisite permissions..."
"In order to invoke the provisions of Section 304... the prosecution is required to establish... ... In the present case, the building... collapsed due to a catastrophic earthquake..."
"Even if the case of the prosecution is accepted at its face value, there is no material to indicate that the applicant had any knowledge or intention..."
"It is a settled principle... where on the basis of the material available on record, the view favouring the accused must be adopted at the stage of discharge."
Victory for the Investor: Charges Quashed, Lessons for Tomorrow
The revision succeeded:
"The present revision application is allowed. Order dated
... is hereby quashed... the applicant is discharged from all the offences alleged against them."
This frees Shah after years in legal limbo, reinforcing that natural disasters don't automatically spell criminality. For financers and investors, it signals cautionary limits on liability without direct construction ties—potentially influencing post-disaster probes where trumps speculation.
