Ghatkopar hoarding collapse case: Two commissioners figure in the SIT chargesheet

A huge hoarding had collapsed in Ghatkopar area. File Pic/Sameer Markande

Suspended IPS officer, Quaiser Khalid, a former Government Railway Police (GRP) commissioner, and his successor Ravindra Shisve, the current commissioner, have had their statements recorded before the SIT of the Mumbai Crime Branch in connection with the Ghatkopar hoarding collapse, which claimed 17 lives and left several injured. Khalid stated that he allowed the hoarding only for the welfare of the police and he didn't do anything illegal.

However, he did not provide a satisfactory explanation regarding the illegality involved in allowing the hoarding.

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He shifted the responsibility to Shisve, saying that what happened after he handed over the charge was the current commissioner's responsibility.

According to sources, Shisve's statement was recorded for not addressing the complaints about the illegality in Ghatkopar hoarding made to him after he took over the charge as GRP commissioner. The SIT revealed these details in a 3,299-page charge sheet submitted on Friday before the 37th Esplanade court in Mumbai.

The charge sheet has been submitted against the four arrested accused in the case: Bhavesh Bhinde, director and owner of Ego Media; Manoj Ramkrishna Sanghu, a BMC-approved structural engineer; and Jhanvi Marathe, former director of Ego Media and her associate Sagar Patil who didn't ensure the foundation was deep and strong enough to support the 140x120-foot hoarding.

According to the charge sheet, the investigation will continue under Section 173(8) of the CrPC to further ascertain the roles of the GRP and BMC officials. The charge sheet also includes the statements of two BMC officials and six GRP officials, including Shisve.

Chargesheet details

The charge sheet also highlights the conversation between Khalid and Bhinde. According to the charge sheet, Marathe, who was the director of the company when the process of obtaining sanctions for the hoarding was underway between 2020-2022, met with the then commissioner of GRP, Ravindra Sengaonkar, regarding the hoarding. Sengaonkar correctly highlighted that the BMC's permission was needed for the hoarding as the land belongs to the state government. This condition was also mentioned in the tender floated by the railway.

According to the charge sheet, when Sengaonkar was transferred, Khalid was appointed as commissioner. The charge sheet reveals that Bhinde was an acquaintance of Khalid. "He went to Khalid's office on the first day after taking charge and met him. At that time, accused Marathe was also with him," the charge sheet states.

The charge sheet further states that Khalid asked Bhinde, "Tumko hoarding ka contract mila hain, to bhi tum kam kyo chalu nahi karahe ho."

Bhinde responded, "We need to first get permission from BMC. As per the former CP Sengaonkar, we cannot put up a big hoarding without the BMC's permission.

"Bhartiya Railway ki jaga bata kar hum mahanagar palika ki bina permission hoarding ka kam kar sakte hai aur usme hum sab ka fayda ho sakta hai," Bhinde told Khalid.

At that time, Khalid called Deputy Commissioner of Police Pradip Chavan with all the documents. Chavan verified the documents related to the site. Khalid then asked them to obtain two legal opinions: one from Mr Stinson Pavlo, a legal firm handling hoarding-related court cases for Indian Railways, and the other from retired judge Mr Nirgude. The fees for these legal opinions were paid by Ego Media, according to the charge sheet.

After receiving the legal feedback, Khalid consulted the legal officer of the Railway, Mr Shirsath. Based on this feedback, Khalid concluded that "Railway Police is part of Indian Railways and BMC permission is not required."

Allegations against Khalid

According to the SIT, Khalid allowed the hoarding without any tender and without getting permission from the director general of police's (DGP) office, which is mandatory. Despite knowing that the office had already rejected the proposal for a hoarding in Ghatkopar in January 2021 due to jurisdictional and legal errors, he went ahead and approved it on his last day in office, December 18, 2022. His transfer order came on December 16, and he handed over charge to Shisve on the afternoon of December 18 after signing the papers, allowing the hoarding, which violates the 80x80 limit on hoardings in Mumbai.

The DGP office was unaware that Khalid had granted the permission. It was Shisve who took over as GRP commissioner and later sent a proposal to regularise the illegal hoarding. However, the DGP office took strong cognisance and initiated an internal probe against Khalid for allowing the hoarding despite the DGP's office's refusal. While the office was conducting its probe, the hoarding collapsed on May 13 this year.

The DGP office asked the Railway DGP to submit a report. The DGP office also conducted its own inquiry and recommended to the home department that Khalid be suspended after finding gross irregularities and administrative lapses in sanctioning the hoarding. The department suspended Khalid on June 25 based on the report.

What Khalid said

According to the SIT, Khalid's response was unsatisfactory regarding the irregularities and failure to follow proper procedures before sanctioning the hoarding contracts to Ego Media. Khalid claimed he had not done anything illegal and that his actions were taken for the benefit of the Police Welfare Fund. When asked why a tender was not issued and the DGP's permission was not sought, he stated that since the DGP office had allowed three similar hoardings to Ego Media, he proceeded in the same manner.

However, when questioned by the SIT about the irregularities, particularly given that the land belongs to the state government and the BMC is the licensing authority, Khalid did not provide a satisfactory response. He also stated that what happened after he handed over the charge to Shisve was not his responsibility.

Why Shisve's statement was recorded

According to sources, officials recorded the statement of Shisve for not acting on a complaint made by the former corporator of Ghatkopar regarding irregularities in the hoarding case. He was also questioned about the proposal he sent to the DGP office to regularise the illegal hoarding sanctioned by Khalid. The officials did not disclose what Shisve said in his statement, as they continue their probe to ascertain the roles of government officials, determining whether there was criminal or administrative negligence. The SIT has cited 102 witnesses, six GRP staffers and two BMC workers as well as 90 statements of those injured and the relatives of the deceased in its charge sheet.

Why did the hoarding collapse?

According to the charge sheet, the structural design and fitness certificate were manipulated. Bhinde misled Railways and obtained permission for larger hoardings that lacked the necessary strength to support a 140x120 feet structure. Despite being aware of this, the accused, in collusion with other conspirators including the designer and structural engineer, provided falsified reports to make money, leading to the collapse of the hoarding on May 13.

The charge sheet relies on an audit report submitted by VJTI. It states that the foundation of the hoarding structure could withstand winds of up to 49.7 km/h. However, on May 13, the hoarding was subjected to winds with a speed of 87 km/h, which exceeded its capacity. As per the mandate, all structures in the Mumbai region should be designed to withstand wind speeds of 158.4 km/h. "The collapse of the structure is due to inadequate/deficient design and construction of the foundation," reads the charge sheet.

According to the charge sheet, the illegal hoarding was listed in the Limca Book of Records for being the tallest, and Bhinde celebrated the achievement along with Marathe on December 9, 2023.