Mumbai: A sessions court on Wednesday rejected the bail application filed by Shoeb Hashim Wajihuddin, who heads the tenants department wing of the Saifee Burhani Upliftment Trust (SBUT) in connection with the August 2017 Hussaini building collapse at Bhendi Bazar. It resulted in the death of 33 people, including a 23-day old baby and a pregnant woman, while 16 others were injured.
“The record does not show that the trust took any serious steps to save the tenants,” observed sessions judge G. O. Agrawal while rejecting the bail application filed by Wajihuddin. SBUT is redeveloping a major part of Bhendi Bazar.
The judge observed that from 2014 to 2017, it transpired that new tenants were inducted into the building. The investigation is on to find out who inducted new tenants. The judge also noted that it is a matter of investigation as to why and how the building collapsed, whether it was due to the heavy downpour or some other reason. However, according to the judge the building was in dilapidated condition since 2011 and notices were sent to tenants to vacate the premises. But when five of the 12 tenants refused to vacate the building, the trust turned a blind eye towards it, which culminated in the collapse of the building.
While deciding the bail application, the judge said that the investigation was at a crucial stage and if the applicant is released on bail, it could cause a hurdle.
Wajihuddin had sought bail on the grounds that he is innocent and he has not done any positive overt act that would attract section 304 (culpable homicide not amounting to murder). He was not present at the spot and no purpose would be served by keeping him in jail as he is ready to abide by all the conditions.
