[IAS Aspirants Deaths] Delhi High Court Asks CBI About Reasons For Water Logging Outside Coaching Centre That Day, Calls For Status Report

The Delhi High Court on Thursday questioned the Central Bureau of Investigation about the reason for heavy water logging and the amount of rainfall on July 27 when three civil services aspirants died after drowning in the flooded basement of a coaching centre in Old Rajendra Nagar. 

The court orally said this while asking the central agency to submit a one page status report on certain points. 

A single judge bench of Justice Dinesh Kumar Sharma was hearing the bail applications moved by four persons–Parvinder Singh, Tajinder Singh, Harvinder Singh and Sarbjit Singh, who are the co-owners of the basement where the coaching centre–Rau's IAS was situated. 

The high court sought the status report to address the following points–what was the particular reason of so much heavy water logging, how much was the rain on that day (July 27) as compared to other days, was the gate at the coaching centre sufficient to block the water, were the other nearby buildings also flooded, is the level of this building where the coaching centre was lower as compared to the other buildings.

The counsel for the petitioners' argued that the petitioners' have been languishing in jail while no action has been taken against public servants including the MCD officials. Pointing to an August 2 order of the division bench of the high court passed in a PIL titled Kutumb v/s State of NCT of Delhi & ors, the counsel submitted that in that matter the MCD Commissioner had candidly admitted that the "storm water drain on the side of the road where Rau's IAS Study Circle is located was dysfunctional". 

During the hearing, the high court also asked if a fund had been created for the students and was informed that one other coaching centre had incorporated a corpus of Rs 10 Lakh for the welfare of the students. The high court orally asked the petitioners if they would be willing to contribute to the fund, while clarifying that it won't affect the bail in this matter and this contribution is for the welfare of students. The petitioner's counsel said that they would contribute to the same. 

"We all have become so callous, we take everything so casually...only when tragedies happen then out eyes open," the court orally said. 

During the hearing, the counsel for the petitioners had contended that they were landlords of the basement which was let out to the coaching centre, adding that they had originally purchased the basement from the earlier owner "who had got all clearances". 

The counsel said, "If on similar days this kind of unfortunate consequence, had not happened how should it be under my (petitioners) contemplation that this could happen as someone who is not staying there. Even an assumption at this stage on my behalf would be debatable. Im not saying acquit or discharge me I will prove in trial". 

With respect to the triple test, the counsel argued that the petitioners are not likely to flee from justice. 

"Four brother sharing the knowledge that something will happen in the place which we have rented out ? It is difficult to canvas. For an offence against human body under which classification any kind of culpable homicide would fall I must have some kind of knowledge," the counsel added. He submitted that at the stage of bail he was only asking the court to see if a "prima facie" case is made out. 

The matter is being investigated under provisions of the Bharatiya Nyaya Sanhita (BNS), including section 105 (culpable homicide not amounting to murder) and was transferred from the Delhi police to the CBI by the high court last month. 

Meanwhile the CBI's counsel referred to statements of witnesses where one of them had said that the "water level so high that within 30 seconds water reached knee level and it had blocked the gate of the exit". The CBI told the court that 58 mm rainfall took place on the day of incident. The CBI's counsel further said that if the petitioners were granted bail, "there are chances that they may influence the witnesses" especially at this stage when the investigation is still ongoing and independent witnesses had to be examined. 

The counsel appearing for one of the deceased student said that petitioners may not be granted bail until the investigation is completed, adding the coaching centre was being run in violation of the building bye laws, and that it was "in the knowledge" of the petitioners that after it rains "flooding takes place on the road" and that the "flooding will go into basement". 

Case title: Parvinder Singh v CBI and other cases

Citation: 2024 LiveLaw (Del) 1009