Shocking Collapse of Shivaji Statue: Bombay High Court Demands Forensic Investigation into Sculptor’s Seized Devices
The Bombay High Court has directed the Malvan Police Station to provide updated correspondence with the Regional Forensic Science Laboratory (FSL) in Kolhapur concerning electronic devices seized from sculptor Jaydeep Bharat Apte, aged 39. The court has scheduled a follow-up hearing for August 14, 2025, as tensions rise over the prolonged retention of Apte’s laptop and mobile phone, which Advocate Ganesh K. Sovani argues hampers the artist’s professional activities.
Sovani emphasized in court that a substantial chargesheet exceeding 2,300 pages has already been filed, raising questions about the necessity to retain the seized devices. He pointed out that the FSL has delayed the analysis of the gadgets for over nine months, despite downloading the contents being a relatively quick task. This delay, he contended, is harming Apte’s business, especially given his profession as a sculptor.
Justice S.M. Modak probed the reasons for Apte’s request to retrieve his devices, questioning the balance between the accused’s rights and the investigation’s needs. Additional Public Prosecutor Sangeeta Shinde defended the investigating agency’s right to retain any materials that might contain incriminating evidence, underscoring that the seized items could still serve as pertinent evidence.
The judge further questioned the amount of data on the laptop, wondering if all of it could be categorized as incriminating. He acknowledged the importance of the accused’s right to access non-incriminating materials necessary for their livelihood. While the court noted the investigation agency’s rights, it maintained that access to the devices should be determined after the forensic examination.
The police officer present in court could not provide the necessary documentation, as he was diverted to another case. The court instructed the Additional Public Prosecutor to obtain clarity on the latest communication between the police and the forensic department regarding the seized devices.
The timeline of the case traces back to December 4, 2023, when Prime Minister Narendra Modi inaugurated a bronze statue of Maratha warrior Shivaji, crafted by Apte, in Malval, Sindhudurg. A complaint was filed on August 6, 2024, after the statue collapsed due to heavy winds, implicating Apte and a structural consultant. Following this, Apte surrendered on September 6, 2024, initially granted police custody, and later transferred to judicial custody.
In November 2024, the Sindhudurg Sessions Court summoned Apte based on the police chargesheet. Despite his bail application being rejected by the Sessions Court in December, the Bombay High Court eventually granted him bail on January 10, 2025. Apte filed a motion on February 4, 2025, requesting the return of his devices, but this was denied by the Sessions Court on May 9, 2025.
Sovani argued that the lower court failed to recognize that Apte, as a professional artist, relies on his devices for work-related activities. He pointed out that all of Apte’s business contacts and essential data are stored on the seized laptop and phone, complicating his ability to create and conduct online classes for students.
As the case progresses, the balance between the rights of the accused and the necessities of the investigation remains a central issue in this high-profile legal matter.
Original Source: https://www.thehindu.com/news/cities/mumbai/shivaji-statue-collapse-bombay-high-court-seeks-forensic-status-of-sculptors-seized-devices/article69874777.ece
Category : Mumbai
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Publish Date: 2025-07-31 03:52:00
