[Civil Aspirants Drowning Case] Delhi HC Directs CBI To File Status Report on Waterlogging Issues
![[Civil Aspirants Drowning Case] Delhi HC Directs CBI To File Status Report on Waterlogging Issues](https://lawbeat.in/sites/default/files/news_images/Man Arrest + delhi HC + Tis Hazari + Civil Aspirants Drowning Case_2.jpeg "[Civil Aspirants Drowning Case] Delhi HC Directs CBI To File Status Report on Waterlogging Issues")
On July 27, the basement of Rau’s IAS Study Circle flooded, resulting in the deaths of Tanya Soni, Shreya Yadav, and Nevin Delvin. The death of the students led to protests, with the public blaming the MCD for negligence. In response, officials sealed 13 illegal coaching centers in Old Rajinder Nagar. The case, initially handled by the Delhi Police, was transferred to the CBI on August 2 to ensure a thorough and transparent investigation.
The Delhi High Court, on Thursday, instructed the Central Bureau of Investigation (CBI) to submit a status report concerning waterlogging outside the coaching center. The bench, led by Justice Dinesh Kumar Sharma, raised several key inquiries, including:
1. The severity of waterlogging in the area.
2. The level of rainfall during the incident.
3. The relevance of the gate's weight in obstructing water flow.
4. Whether the ground level of Rau IAS was lower than the neighboring buildings, and if not, whether other buildings also faced waterlogging.
The court sought clarification from the CBI on the events that led to the tragedy, emphasizing the need for a clearer understanding to ascertain the responsibility of the basement owners.
Senior Advocate Mohit Mathur, representing the basement owners Parvinder Singh, Sarabjit Singh, and Tajinder Singh Ajman, acknowledged that the loss of children's lives was an incident no one could condone. However, he asserted that responsibility for the event remained unclear. While arguing for bail, the basement owners stated, "Whatever actions I have taken, I have already suffered enough. I am not fleeing."
Referring to page 3 of the basement lease deed, Senior Advocate Mathur argued that the property was not designated for commercial use.
Furthermore, Senior Advocate Mathur cited orders by Acting Chief Justice Manmohan, noting that the MCD Commissioner, present in court, admitted that the drain outside Rau IAS Study Circle was non-functional at the time of the incident.
Background:
Students had approached the High Court seeking the institution of a high-level committee to probe into the events leading to the death of the students. The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela while reprimanding MCD, opined, "Multiple institutions are working together in Delhi, which is a beautiful strategy because no one agency is ever responsible. You Just shift blame onto one another and no one takes accountability". The bench noted that despite numerous orders to MCD to maintain storm water drains in other cases, the department did not take any measures.
The high court questioned the decision of the police to arrest a passerby SUV driver who was accused of driving his Force Gurkha car through a rain-flooded street, which allegedly caused the water to swell and breach the gates of a three-story building, flooding the basement.
While, the trial court denied the bail plea of the driver, observing that CCTV footage showed him driving the vehicle on an already waterlogged road at high speed, causing a large displacement of water. However, the following day bail was granted to the SUV driver after police withdrew the offence of culpable homicide not amounting to murder from the chargesheet.
Case Titles: Parvinder Singh v CBI (BAIL APPLN.-3089/2024), Sarabjit Singh v CBI (BAIL APPLN.-3197/2024) and Tajinder Singh Ajmani v CBI (BAIL APPLN.-3198/2024)