PRESSURE MOUNTS FOR ARREST; MOVE UNDER MRTP NOT ENOUGH SPOTLIGHT ON KAMALA MILLS OWNER
Pressure is mounting on the Devendra Fadnavis led government to take punitive action against Ramesh Govani, the owner of Kamala Mills Compound.
No criminal proceedings have been initiated by the civic corporation against anybody yet and it is only the police which has filed criminal case against the pub owners; the BMC has only initiated action under the Monopolies and Restrictive Trade Practices Act, which is not at all harsh. Any conviction under the MRTPA will entail a sentence of two to three years or just a punitive fine.
So, just as the owners of 1 Above have been booked for culpable homicide, similarly appropriate action needs to be taken against mill owner Govani under Section 304 of the IPC and not under the MRTP Act, point out activists.
The pressure is mounting from two sides -- the Jain community, which has huge clout with the BJP, was the first to take to the streets to protest the death of Khushboo Bhansali and the other youngsters. Second, the pressure is being exerted by the bereaved families, which feel a strong message has to be sent out to the society that the culprits cannot play with the lives of innocent.
Govani, who has a huge team that looks into the contracts and Memorandums of Understanding (MoUs), usually makes sure the licences for fire, safety, liquor and other permissions are the responsibility of the liaises -- in this case the restaurants.
However, the focus is increasingly shifting to the
flagrant violations of norms -- the lack of escape routes, staircase and, most of all, encroachment of open space. The obvious question being asked is: Why have the authorities been lenient on the landlord in this particular case; normally, the landlords are also held accountable.
"Ideally, the adherence to norms is the responsibility of the landlords. Action has to be taken against the landlord in this case, too," said an official from the licence department. He added, "Closer scrutiny of the contract papers will show what rights the landlord delegated to the owners of the restaurant."
The open space on the terrace, which was encroached, was in the same building where Govani had his office. Civic officials say it is unlikely he would be unaware of the blatant encroachment on his land. "The first responsibility is of the management, since it his land. Even if he has signed any contract, he knew of the encroachment," said a senior officer of the legal department of the BMC.
Govani, the owner of Kamala Mills, is a builder. He has close ties with a senior BJP leader and a member in his team maintains close ties with the RSS. The buzz is that a senior central leader called on a very powerful person in Mumbai who was trying to help Govani. He has been asked to back off.
Meanwhile, the Free Press Journal spoke to Anil Jairal, the main advocate of Govani who refused to comment whether he had filed an application for anticipatory bail. "I am out of town, I have no information. I can't comment," said Jairal.
The civic officials have booked Govani under the MRTP Act and the civic chief said the criminal prosecution will be undertaken by the police.