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Morbi Bridge Collapse: Gujarat High Court Judge Recuses From Hearing Oreva Group Manager's Bail Plea
Sparsh Upadhyay
22 Jun 2023 11:56 AM GMT
Justice Samir J. Dave of the Gujarat High Court today recused himself from hearing the bail application filed by Oreva Group manager Dinesh Dave concerning the Morbi bridge collapse incident in which 135 people were killed last year."Is this Morbi one? Not Before me," said Justice Dave recusing himself from the case as soon as the matter came up for hearing before him. Last month, he granted...
Justice Samir J. Dave of the Gujarat High Court today recused himself from hearing the bail application filed by Oreva Group manager Dinesh Dave concerning the Morbi bridge collapse incident in which 135 people were killed last year.
"Is this Morbi one? Not Before me," said Justice Dave recusing himself from the case as soon as the matter came up for hearing before him. Last month, he granted bail to three accused (security guards) and earlier this month, he granted bail to two accused (ticket clerks) in this very case.
A total of 10 accused have been named in the case who are - Jaysukh Patel (MD of the Oreva Group) Devang Parmar, Dinesh Dave and Dipak Parekh (managers of the Oreva Group), Prakash Parmar (subcontractor), Alpesh Gohil, Mansukh Topiya, Mahadev Solanki, Mukesh Chauhan, Dilip Gohil (ticket booking clerks/security guards).
They all have been booked under sections 304 (culpable homicide not amounting to murder), 308 (attempt to commit culpable homicide), 336 (act which endangers human life), 337 (causing hurt to any person by doing any rash or negligent act) and 338 (causing grievous hurt by doing rash or negligent act) of the IPC.
As per the chargesheet filed in the case, the two accused Deepak Parekh and Dineshbhai Dave (managers of the Oreva Group) have been accused of awarding the work for repairing, and renovation to one Devprakash Solution despite having no technical knowledge about suspension cable bridge work.
The MD of the group Jaysukh Patel ahs also moved the HC with his bail plea, however, the same has not been registered yet.
The 141-year-old suspension bridge hanging over the Machchuu River reopened two weeks ago (before it collapsed on October 30) after repairs and maintenance by the Oreva company. The Gujarat High Court is presently hearing a suo moto case pertaining to this incident.
In April, the Gujarat state government, as well as the Oreva Group, submitted before the HC that since the suo moto PIL pertaining to the Morbi Bridge Collapse incident has served its purpose, it is time to give a quietus to the matter.
The submission was made before the bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav by the Advocate General appearing for the state and Senior Advocate Nirupam Nanavati, appearing for the Oreva group (which managed the Bridge), whose top officials are currently in jail in connection with the bridge collapse case.
When the bench inquired about what remains to be done in the matter, Senior Counsel Nanavati submitted that the matter may be laid to rest as the company has already submitted the amount as ordered by the High Court with the Gujarat State Legal Services Authority.
"The amount/compensation (Rs 10 lakh as interim compensation to each of the 135 deceased’s kin, and Rs 2 lakh each to the 56 injured victims) is deposited. The Morbi Nagarpalika is superseded. chief officer is suspended Those who are in the (Oreva) group, including the managing director is in judicial custody so as such the purpose is served," the Senior Counsel submitted.
On the other hand, the Advocate General Kamal Trivedi also submitted that the matter be given a quietus as the proceedings have been initiated under Section 263 of the Municipalities Act, 1962 against the Morbi Nagarpalika and the Nagarpalika has been superseded and the then Chief Officer and the Administrator have already been appointed.
In view of this, the Bench adjourned the matter for July 10 while directing that the amount deposited by the Oreva group be disbursed as per the HC's March 9 order.
