Orders issued against two city builders

Orders issued against two city builders
PRESS TRUST OF INDIA

GANDHINAGAR, FEB 16: In an unprecedented decision, provisions of Prevention of Anti-social Activities (PASA) Act has been invoked against two city builders whose more than one multi-storeyed structure had caved in during the January 26 earthquake, Gujarat Minister of State for Home Haren Pandya said.

``Pasa orders have been issued by the Ahmedabad Police Commissioner P C Pande today against Rakesh Shah and Nirav Shah whose more than one multi-storeyed buildings had collapsed in Maninagar area of the city during the devastating earthquake,'' the Minister SAID.

The two builders had been absconding since then and if they did not show up before the PASA issuing authority, they would be declared absconders and procedure would be initiated to confiscate their properties, Pandya added.

The city police have in the last two days arrested four builders, including Rajendra alias Rajubhai Manubhai Vyas, Bukulesh Mafatlal Oza, Bhadreshbhai Maniklal Trivedi and Mulchandbhai Patel and they have been remanded by a court here to police custody for periods varying from five to three days, the Minister said.

The number of criminal, cheating and other cases registered against the builders in various police stations in the city numbered 59, he added.

The builders have been charged with ``violating building by-laws'' which ostensibly caused collapse of multi-storeyed structures in the quake. They have been booked under 304 IPC (culpable homicide), 120 (B)(1) IPC (criminal conspiracy) and 420 IPC, and could face imprisonment upto ten years if found guilty.

They have also been charged with violating Gujarat Ownership Flats Act which seeks the builder to take the client into confidence about the material used and maintenance of quality standards.

Pandya said besides the builders, engineers, architects and some officials of Ahmedabad Urban Development Authority and Ahmedabad Municipal Corporation have also been booked.

The Minister said it was for the first time in the country that the builders were booked under sections 304 IPC (culpable homicide) and orders of preventive detention (PASA) issued against them.

He said investigation against the erring builders has entered a crucial stage and added that samples of materials used in the construction of collapsed buildings have been sent to the National Council for Cement and Building Material and other such scientific testing institutions.

Until reports of these institutions come, Police Commissioner P C Pande, who was personally monitoring these cases, was examining whether the erring builders could be arrested under Section 304 of IPC (culpable homicide), Pandya added.

He said Pande has been given a free hand and no amount of pressure, including political, would work to save the builders from prosecution.

If an accused is held under the Preventive Detention Provision like PASA issued either by the police commissioners or district magistrates as the case may be, he or she could languish in jail without bail for a period ranging from one year or more.

The accused can be released by the judiciary or given parole by it, or set free prior to that by the PASA Advisory Board when the order comes before it within 45 days of the detention being made for confirmation.