GOVANI in police custody till Jan 29
Ramesh Ghamandiram Govani, the co-owner of Kamala Mills was produced in Bhoiwada court on Tuesday and remanded to police custody till January 29.
Govani was arrested on Monday night for culpable homicide not amounting to murder(Section 304) of the Indian Penal Code in the Kamala mills fire incident, after the Brihanmumbai Municipal Corporation issued a report stating the irregularities at Kamala Mills Compound.
Public Prosecutor Sanjay Wadhwane argued before V.B.Bohra, 13th Metropolitan Magistrate court that Govani's police custody was required since the police wanted to interrogate the accused regarding the structural changes, illegal construvtion and alterations made at Mojo's Bistro and 1Above pub. He argued that the police wanted to investigate the matter further since illegal construction was carried out.
Advocate Ajinkya Badar who represented Govani that the required No Objection Certificate to run the pubs, the NOCs were already granted by the Brihanmumbai Municipal Corporation to the owners of 1Above and Mojo's Bistro. My client is the owner of Trade House, Kamala mills. He is not the owner of 1Above or Mojo's Bistro pub.My client is neither the manager of the property. He is merely a lessor and had given the premises to the owners of 1Above and Mojo's Bistro (lessee) to run the pubs.
He further argued that as per Section 108 of the Transfer of Property Act, it was the responsibility of the lessee to obtain the required licences from the fire department and the Brihanmumbai Municipal Corporation and the concerned authorities should have inspected the premises before issuing the licences. The onus of running the pubs was on the owners and not on Govani, since he is not supposed to personally visit and inspect all the restaurants at Kamala mills. The lessee had failed to fulfil their responsibilities.My client's police custody is not required. The documents related to Trade House were submitted before the court.
“My client is himself a victim who has suffered losses due to the fire incident. He is innocent.He has been co-operating with the police since last one month and has recorded his statements too. He should be made a witness in the case,” added Badar.