Malviya Nagar Fire: Advocate Urges Delhi High Court To Take Suo Motu Cognizance, Fix Accountability For Safety Lapses

Advocate Bhavishya Shakya, in a detailed representation addressed to the Chief Justice, sought judicial intervention to ensure a fair, independent and time-bound probe into the fire, while also calling for accountability of both private actors and public authorities responsible for enforcing safety regulations.

The letter describes the incident as a preventable tragedy that has exposed serious concerns regarding enforcement of fire safety norms, licensing requirements and regulatory oversight in the national capital.

According to the representation, the incident raises critical questions regarding whether the establishment possessed valid fire safety approvals, occupancy permissions and statutory licences, and whether mandatory inspections were conducted by the competent authorities. It further seeks examination of whether any safety violations were ignored or allowed to continue despite awareness of potential risks.

The advocate argued that accountability should not be limited to the owners or operators of the premises but should also extend to public officials and agencies tasked with ensuring compliance with safety standards.

The letter specifically calls for scrutiny of the role played by the Delhi Fire Service, Municipal Corporation of Delhi (MCD), Delhi Police, licensing authorities, district administration and other regulatory bodies having jurisdiction over the premises.

Drawing parallels with the infamous Uphaar Cinema tragedy, the representation stated that large-scale disasters often result not only from private negligence but also from systemic regulatory failures and institutional lapses. Despite decades of legal reforms and judicial pronouncements following such incidents, similar tragedies continue to occur, raising concerns about the effectiveness of enforcement mechanisms, it said.

Referring to Article 21 of the Constitution, the advocate emphasized that the right to life includes the right to safety and protection from preventable hazards. The letter contends that state authorities entrusted with statutory responsibilities have a corresponding duty to ensure strict compliance with laws enacted for public safety.

Significantly, the representation also seeks judicial examination of the role of online accommodation booking platforms such as Booking.com, Airbnb, OYO, Agoda, MakeMyTrip and Goibibo. It argues that members of the public frequently rely on such platforms while assuming that listed properties comply with mandatory safety and licensing requirements.

The advocate urged the High Court to consider directing the formulation of a regulatory framework requiring such platforms to verify fire safety clearances, occupancy permissions, trade licences and other statutory compliances before listing accommodations for public booking.

Among the reliefs sought, the letter requests the High Court to take suo motu cognisance of the fire tragedy, direct an independent and transparent investigation, and examine the conduct of all concerned public authorities. It further seeks directions for registration of criminal cases wherever evidence reveals negligence, misconduct, corruption, collusion or breach of statutory duties by any individual or authority.

The representation also calls for disclosure of inspection reports, licences, approvals and compliance records related to the premises, along with a city-wide audit of hotels, guest houses, hostels, homestays, paying guest accommodations and similar lodging establishments operating in Delhi.

Additionally, the advocate has urged the Court to ensure adequate compensation, rehabilitation, counselling and support for the victims and their families.

Stating that the lives lost cannot be restored, the letter concludes that justice requires a full disclosure of facts, accountability wherever warranted and meaningful reforms to prevent similar tragedies in the future. It asserts that the affected families deserve answers and that public safety obligations must be enforced with seriousness and integrity.

Notably, on June 11, a Delhi Court remanded hotel owner Lavkesh Bajaj and accountant Jay Mishra to 12 days of judicial custody in connection with the devastating Malviya Nagar hotel fire that has claimed 22 lives.