The Bombay High Court on Wednesday granted bail to the consulting, chief, assistant and executive engineers (Bridges) of the Brihanmumbai Municipal Corporation accused in the case of the foot overbridge (FOB) collapse at Chhatrapati Shivaji Maharaj Terminus in March, which killed seven people.
Justice S.K. Shinde was hearing a bail plea filed by Sandip Kakulte, Neeraj Desai, Shitala Kori and Anil Patil, who have been charged under various sections of the Indian Penal Code and were released on a bond of ₹50,000 each.
The order said, “Prima facie material on record does not suggest that the applicants knew that the alleged act of omission to verify the thickness of the steel with the original drawings and their omission to take remedial measures would cause the bridge collapse.” The consultants submitted their final report in August 2018 to the corporation and thereafter, a credential certificate was issued, certifying completion of the project, and evidence shows the consultant could not verify the thickness for want of the drawing, it said.
Highlighting the role of civic officers, the court said, “Officers of the corporation took no pains to make the drawing available to the consultant either before or after the non-destructive test. Officers of the corporation and the consultant both overlooked the geo dynamic (engaged by consultants to conduct the ultrasonic pulse velocity test) report wherein reduction in thickness of members of the FOB was reported. Had the corporation’s officers submitted drawings of the FOB to the consultant, the exercise to measure the thickness with the drawing and further action to strengthen the bridge possibly could have avoided the mishap.”
The court also said the chief engineer (Bridges) sought to obtain some documents relating to the FOB design and copies of the plan from STUP Consultants Private Ltd. only on April 12. “The officers of the corporation chose to remain passive and did not forward the drawing to Veermata Jijabai Technological Institute. As to why the applicants opted to be passive and turned a Nelson’s Eye to the suggestion of geo dynamic, is the moot question.” Culpable negligence, it said, “cannot be substituted with knowledge”.
The court said, “Prima facie, facts of the case do not suggest commission of an offence under Section 304 (II) of the Indian Penal Code [culpable homicide not amounting to murder].”
The court added, “In this case, the investigation is over. Applicants are in custody since March 2019. All applicants are permanent residents of Mumbai and their presence can be secured by imposing conditions.”
