Delhi’s Rouse Avenue Court on Friday (August 23, 2024) rejected the bail pleas of four co-owners of the basement, which housed a coaching centre, in the city’s Old Rajinder Nagar area where three civil services aspirants drowned last month after rainwater flooded the premises. The court said the accused were liable because of their illegal act of permitting the basement to be used as a coaching institute even as the deed said it could only be used for storage purposes.
Principal District and Sessions Judge of Rouse Avenue Court, Anju Bajaj Chandna, denied bail to Parvinder Singh, Harvinder Singh, Sarabjit Singh and Tajinder Singh.
The counsel for the accused had submitted in the court that the incident was an “act of god” and could have been averted had the civic agencies performed their duties. He said the basement was not a library, as reported, but a waiting area for students.
In its submissions, the Central Bureau of Investigation (CBI), which is probing the case, said the basement was not meant to be used for educational purposes but only for storage. The agency said the accused were aware of the risk of running a coaching centre from there.
The court included the testimony of Kishore Singh Kushwaha, a resident of Karol Bagh, who had alerted the authorities by complaining against Rau’s IAS for running a classroom from the basement without permission. He had expressed apprehension about a major accident a month before the fateful incident.
“It was sufficient that offenders were knowing that by permitting illegal use of basement they are endangering the life of others. Permitting illegal use of basement has a direct nexus with the unfortunate incident,” the court noted.
Commenting on the arguments of the counsel for the accused that they have cooperated in the probe and had surrendered before the police, the court said that this would not be enough to enlarge them on bail when the CBI investigation is at its initial and crucial stage, and when important evidence is being gathered and witnesses are being examined.
“The issue of violation of building bylaws and encroachment over the drainage system needs to beinvestigated and specific role of the applicants needs to be ascertained,” the court said.
On the allegations made by the accused about the failure of civic authorities that led to the incident, the court noted that it is true that the system has contributed “substantially” to the occurrence, but this does not reduce the fault of the applicants particularly when the failure of stormwater drains has been mainly due to encroachments and obstructions.
“I find it important to record that applicants are not exclusively responsible for the incident. The role of MCD officers who kept the matter of illegal use of basement pending without taking any action, more particularly not paying attention to the recent complaint of Kishore Singh Kushwaha, speaks volume about their complicity. This court sincerely hopes that CBI would deeply and thoroughly investigate the matter and bring all culprits to the book,” the judge said.
