MUMBAI: A sessions court on Tuesday discharged Kamala Mills Ltd directors Ravi Bhandari and Ramesh Gowani almost three years after a fire at two restaurants situated inside its compound claimed 14 lives.
While rejecting the discharge pleas of nine others, though, Judge P R Sitre held 12 of the 13 remaining accused, including owners of the two restaurants, a BMC official and two fire officers, will be tried for several offences, including culpable homicide not amounting to murder. The maximum sentence the charge attracts is 10 years’ imprisonment.
The matter has been adjourned to Thursday, after which the court is likely to schedule the framing of charges against the 13 remaining accused.
Bhandari and Gowani’s advocate Sudeep Pasbola had submitted they could not be held vicariously liable for acts of the restaurants' owners to whom they had given the premises on leave and licence for five years. The defence further submitted they were not liable for the unauthorized shed erected over the open terrace or the staircase that was blocked by the restaurant by keeping unused articles and which created an obstacle in the easy exit of customers during the fire.
Among the 12 who are facing the culpable homicide not amounting to murder charge are 1Above’s owners Kripesh Sanghvi, Abhijeet Mankar and Jigar Sanghavi, Mojo’s Bristo partners Yug Tuli and Yug Pathak, 1Above managers Kevin Bawa and Libson Lopez and Mojo’s Bistro waiter Sayyed Ali. The others include fire officer Rajendra Patil, Utkarsh Pandey who supplied hookah to 1Above and Mojo’s Bistro, Dinesh Mahale, sub-engineer, GSouth Ward, BMC, and Sandeep Shinde, assistant divisional fire officer, Worli division. One more accused, Vishal Kariya, will face the less serious charge of harbouring an offender. He is accused of helping the absconding Sanghvi brothers and Mankar before they were finally arrested by the police.
All accused are out on bail. The trial will commence once charges are framed.
All accused, except Kariya, will face a host of other charges as well. The restaurant owners will also be tried for offences under Maharashtra Fire Prevention and Life Safety Measures Act as the police had alleged violations that further endangered lives and made escape difficult. Owners of 1Above, Patil, Shinde and Mahale will also face trial on charges of cheating and forgery. The prosecution has accused Patil of giving a false report to his superior and on its basis a fire NOC was given for the rooftop restaurant.
On December 29, 2017, the fire started at rooftop restaurants, 1Above and Mojo’s Bistro, where several patrons were enjoying a night out. The prosecution had accused Ali of having left the burning coals of the hookah unattended at Mojo’s Bistro, causing the fire. The fire is believed to have spread rapidly to combustible material and tarpaulin of 1Above.