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Synopsis

The Delhi High Court, on Friday, directed the Central Bureau of Investigation to investigate the deaths of three civil aspirants who were drowned after the casement of a coaching center was flooded. The court, in its previous order, had directed the commissioner of the Municipal Corporation of Delhi and the Deputy Commissioner of Police to appear in person. 

The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gadela questioned the Police about the arrest of the SUV driver, noting that he was just a ‘passerby’, and that the appropriate response in such a situation should be an apology. The bench stressed that “Police is respected when it arrests the culprit and leaves the innocent. If you arrest the innocent and leave the guilty, it would be very sad”. 

The Police apologized for any misleading impressions caused by press reports. While the court urged for a “scientific investigation of the matter”. 

The court was further informed by the petitioners regarding another drain in the area that was under maintenance, contributing to the problem. The MCD Commissioner acknowledged that it was a significant drain. The court questioned why water was accumulating despite this and criticized the dysfunctional stormwater drains. 

Additionally, the court expressed frustration over the non-implementation of court orders, noting that “People are not abiding by court order. There is no respect for law in your department”. The court directed for serious action to be taken against such officials and questioned why a particular officer still retained his job.

Regarding a problematic building, the court questioned the sanctioning of its plan, despite the known issues. The court questioned if the Police had interrogated the individual who sanctioned the building plan. The court further inquired if the non-functioning stormwater drain was recorded in their case diary, which it was not. 

The court further inquired about the cause of death, questioning “Why did they (students) drown. Why couldn't they come out of the basement?”. The police responded that the investigation was ongoing and promised to provide a detailed report.

The court was informed that the premises had been inspected, and a safety certificate was issued by the Delhi Fire Services. However, the function of the basement changed from storage to a study hall. The court expressed disbelief observing that “DFS on 1st said that the basement was being used as storage, how come on 26th it became a study hall”. The court was shocked over this sudden change and questioned the police investigation into the matter.

The court criticized the police for not seizing necessary files and interrogating MCD officials, remarking that “at times brotherly love is fatal”. The court decided to transfer the investigation to the CBI, directing the CVC to oversee it.

The court further noted that the investigation was not being done properly. The court observed, “We are not investigators, these questions would come to any common man's mind that should have been asked”. 

The court emphasized the severe infrastructure issues in Delhi and the need for a comprehensive review of the administrative and physical infrastructure. “Our orders are falling on deaf ears”, the court finally remarked. 

Therefore, the court directed the CBI to conduct a thorough investigation and constituted a committee headed by the Chief Secretary of GNCTD, along with the Delhi Chief Secretary, the Vice Chairman of DDA, and the Commissioner of Delhi Police. They were directed to submit a report within 8 weeks. 

Background:

The High Court, in its order dated July 31, noted shortcomings in financial and administrative infrastructure of the state. Additionally, the High Court had expressed dismay over the arrest of a passerby SUV driver.

However, on July 31 itself, Judicial Magistrate Vinod Kumar of the Tis Hazari Court had denied bail to SUV driver Manuj Kathuria. Subsequently, on August 1, the SUV driver was granted bail by District Judge Rajesh Kumar Goel after the police dropped culpable homicide charges against him. 

Case Title: Kutumb Through Its Trustee v State Of Nct Of Delhi & Ors (W.P.(C) 10550/2024)