No grounds to proceed against 2 senior executives of pvt transport companies in Kurla BEST bus accident case: Court

Mumbai: In a detailed order discharging two senior executives of private transport companies who were chargesheeted along with the bus driver in connection with the Kurla BEST electric bus accident that killed nine people, a sessions court held there was "not sufficient ground" to proceed against them, finding lack of material to establish their direct involvement or criminal intent.

"By going through the record, there is no indication of any intention on the part of accused numbers 2 and 3 to attract vicarious liability in the criminal case," Judge Avinash P Kulkarni said. While the two, Ram Suryavanshi and Ramesh Katigandla, were discharged by the court last week, the detailed order was made available Monday.

The prosecution had strongly opposed their discharge pleas, arguing that the two executives were "directly responsible" for the appointment and deployment of the driver.

On Dec 9, 2024, driver Sanjay More allegedly drove the BEST bus into dozens of vehicles and pedestrians, killing nine and injuring 42 in Kurla. More was arrested soon after the incident and booked under the stringent charge of culpable homicide not amounting to murder. The 54-year-old tested negative for alcohol. In Feb, the Kurla police filed a chargesheet naming Mourya Trans India Pvt Ltd chief executive officer Suryavanshi (34) and Evey Trans Pvt Ltd director Katigandla (35), along with More. The prosecution alleged the executives knowingly violated "critical requirements" by failing to ensure proper medical checks and training, and further misused "dummy check numbers" to unlawfully assign duties, which "directly led to the tragic incident".

The state's reply claimed the driver was "medically unfit and lacking the necessary experience and training to operate an electric vehicle".

The defence advocate Suvarna Avhad Vast, though, argued that the executives had no role in the day-to-day operations or the deployment of the driver. The lawyer submitted their roles were only strategic and policy-making, with all operational responsibilities handled by designated project and operational staff.

The defence also contended the driver had previous experience as a BEST driver for three months, was selected by the BEST administration, and completed 72 hours of electric bus driving training prior to the accident. "As he previously served as a BEST bus driver for nearly four years, he was given priority for selection by the BEST Administration. His medical examination was conducted by BEST, and it was also carried out at the time of renewal of his driving licence," the lawyer submitted.

In its detailed order, the court observed the "check number" uploaded to the intelligent traffic management system (ITMS) is used for tracking routes, schedules, and determining payment, not as the identity of the driver. The driver's identity is his motor vehicle licence and badge. The court noted the dummy check number was uploaded by a depot manager and a representative of Morya Trans, who are listed as prosecution witnesses, and not by the discharged executives.