The Delhi High Court directed the Central Bureau of Investigation (CBI) today, Thursday, September 12, to explain the cause of the severe waterlogging in Old Rajinder Nagar (ORN) on July 27, when three Civil Service aspirants drowned in a flooded coaching basement.
The basement's co-owners — Parvinder Singh, Tajinder Singh, Harvinder Singh, and Sarbjit Singh — sought bail in the high court last month, claiming that they were only the landlords of the basement, which was rented out to the coaching centre, and thus had no role in the unfortunate event.
"What was the reason on that day? Delhi has witnessed heavy rains. Why so much waterlogging on that day? Was it the rain or something else?" questioned Justice Dinesh Kumar Sharma while hearing the bail pleas.
In addition to requesting that the agency submit a status report outlining the cause of the waterlogging in the area, the amount of rainfall that day, and the specifics of installing heavy gates at the entrance of the coaching centre to "block" any water from the road, the bench reserved judgment on the bail pleas.
Heavy rain in central Delhi's Old Rajinder Nagar on July 27 evening led the basement of the building housing Rau's IAS Study Circle to fill with water, killing three aspirants: Shreya Yadav, 25, of Uttar Pradesh; Tanya Soni, 25, of Telangana; and Nevin Delvin, 24, of Kerala.
The case was transferred from the Delhi Police to the CBI by the high court.
"I am in custody. I have suffered enough. Please consider. At this stage, I am only asking for liberty. I will face the trial," the senior lawyer appearing for the four accused, who are brothers, said.
The CBI opposed the bail requests, stating that the probe was still in its early phases and that no relief should be granted until the independent witnesses were questioned since they may be swayed, stated a report by PTI.
When questioned by the bench, the CBI attorney stated that a charge sheet against the current accused individuals is anticipated to be issued in 10 days.
The court said that this is a “very important case", and it inquired as to whether any other buildings close to Rau's IAS Study Circle had also been flooded.
The father of the victim, Nevin Dalvin, presented statements in support of rejecting the bail requests. He said that the coaching centre was operating outside of construction and safety codes and that the owners were aware that this may result in fatalities.
The court questioned the accused's senior attorney during the hearing on whether they would compensate the family of the aspirants who passed away or provide damages.
The CBI counsel said according to the statement of the witnesses, 35-40 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 of rainfall on the day of the incident.
"They (students) were asked to leave (according to a witness statement). Some left, some did not.
"It is an unfortunate situation, no doubt about that... But whom do you attribute that to? They (CBI) are still contemplating action to be taken against public servants," he submitted.
"We all have become very casual. When tragedies happen, our eyes open," the judge lamented.
The co-owners' bail pleas were denied by a trial court on August 23, which ruled that the criminal need not have known the specific event in order to be charged with culpable homicide not amounting to murder.
One of the co-owners claims in the high court application that the trial court disregarded their claims that they never intended to commit the crime and had no knowledge of it, even though they had leased the building's basement and third floor to operate the coaching centre — an activity allowed by MCD regulations, stated the PTI report.
