Coaching centre deaths: Delhi HC asks CBI to state reason behind waterlogging

New Delhi: The Delhi High Court on Thursday asked the CBI to inform it the reason at the back of the heavy waterlogging in Old Rajinder Nagar on July 27 when three civil products and services aspirants died after drowning in a flooded coaching basement. The co-owners of the basement — Parvinder Singh, Tajinder Singh, Harvinder Singh and Sarbjit Singh — had moved the high court last month for bail on the ground that they're merely the landlords of the basement which was let out on rental basis to the coaching centre and, therefore, they had no role whatsoever in the unfortunate event.

“What was the reason on that day? Delhi has witnessed heavy downpours. Why a lot waterlogging on that day? Became it the rain or something else,” questioned Justice Dinesh Kumar Sharma while hearing the bail pleas of the jailed co-owners of the basement.

The bench reserved order on the bail pleas and asked the agency to file a status report explaining the reason for the waterlogging in the realm, the amount of rainfall received on the day of the incident along with as on the aspect of installation of heavy gates at the entrance of the coaching centre to “block” any water from the road.

Three civil service aspirants Shreya Yadav, 25, of Uttar Pradesh; Tanya Soni, 25, from Telangana; and Nevin Delvin, 24, from Kerala died after the basement of the building housing Rau’s IAS Learn about Circle was flooded following heavy rain in central Delhi’s Old Rajinder Nagar on July 27 evening. The case, being probed below the Bharatiya Nyaya Sanhita (BNS), including section one zero five (culpable homicide now not amounting to murder), was transferred from the Delhi Police to the Central Bureau of Investigation (CBI) by the high court.

“I'm in custody. I've suffered enough. Please accept as true with… At this stage, I'm only soliciting for liberty. I could face the trial,” the senior lawyer appearing for the four accused, who are brothers, said.

Opposing the bail pleas, the CBI said investigation was at initial stages and no relief must be given until the self sufficient witnesses are examined as they could perhaps be influenced. On being queried by the bench, the CBI counsel said a charge sheet is expected to be filed in 10 days against the present accused persons. The court told the CBI that it was investigating a “important case” and asked it if other buildings near the Rau’s IAS Learn about Circle were also flooded.

The counsel for the daddy of the deceased victim Nevin Dalvin also made submissions in favour of rejection of the bail pleas and said the coaching centre was running in violation of establishing and safety norms, and the owners had the data that deaths may occur resulting from the non-compliance.

Within the course of the hearing, the court asked the senior counsel for the accused persons in the event that they'd pay any damages or compensation to the family of the deceased aspirants. The senior lawyer appearing for the four accused said their father will make a contribution to the noble result in, as has been done by some coaching centres which have announced a monetary compensation.

The CBI counsel said in step with the statement of the witnesses, 35-forty students were present in the basement at the time of the incident and water rose within seconds in a “dam failure” like manner after the gates broke down. He also said there was 58 mm rainfall on the day of the incident.

Senior advocate Mohit Mathur, appearing for the accused persons, emphasised that the storm water drain on the road was now not functional and despite allegations of misconduct, the CBI was yet to take any action against the Municipal Corporation of Delhi (MCD) employees. It was also claimed that the allegations of fraud to obtain safety clearances were now not relevant to them as after they had purchased the premises, all such clearances were provided by the sooner owner.

Putting forward that no knowledge or intention with respect to the deaths may perhaps be attributed, the senior lawyer said if on similar days of rain such an incident did now not happen, how should the accused be expected to contemplate the sort of consequence after they do now not even stay there.

“They (students) were asked to leave (in step with a witness statement). Some left, some did now not.

“It truly is an unfortunate situation, absolute self assurance about that… (but) whom do you attribute that to? They (CBI) are still contemplating action to be taken against public servants,” he submitted.

“All of us have change into very casual. When tragedies happen, our eyes open,” the judge lamented.

On August 23, a trial court had rejected the bail applications of the co-owners and said it was now not necessary that the exact occurring or precise incident must be in the data of the offender to invoke the offence of culpable homicide now not amounting to murder.

During the appliance filed in the high court, one in the total co-owners has said the trial court, while denying them bail, did not accept as true with they had let out the basement and the 1/3 floor of the building on lease for running the coaching centre, an activity permissible below the MCD norms, and so they never intended to commit such an offence nor had any knowledge of it.