New Delhi [India], August 23 (ANI): The Rouse Avenue Court on Friday dismissed the bail applications of four co-owners of the basement where a drowning incident occurred last month.
In this incident, three UPSC aspirants drowned in the basement of a coaching centre in Delhi’s Rajinder Nagar.
However, the court also pointed towards the role of MCD officials in failing to take action against the illegal use of the basement. The court expressed hope that the CBI would investigate this aspect thoroughly.
Principal District and Sessions Judge Anju Bajaj Chandna dismissed the bail applications of Sarabjit Singh, Harvinder Singh, Parvinder Singh, and Tejinder Singh, stating that the investigation is still in its initial stages.
While dismissing the bail applications, the court noted, “It is important to record that the applicants are not solely responsible for the incident.”
“The role of MCD officers, who allowed the illegal use of the basement to go unchecked, particularly ignoring a recent complaint by Kishore Singh Kushwaha, raises serious concerns about their complicity,” the Principal District and Sessions Judge stated in the order.
“This court sincerely hopes that the CBI will conduct a thorough investigation and bring all culprits to justice,” the judge added.
The court rejected the defence counsel’s argument that the accused had not absconded and had voluntarily appeared before the police authorities.
The judge acknowledged that the applicants had surrendered to the police, but noted that this fact alone was not sufficient to grant them bail, especially when the CBI’s investigation is at a critical stage, with important evidence being collected and witnesses being examined.
“The issue of building bylaw violations and encroachment over the drainage system needs to be investigated, and the specific roles of the applicants must be determined,” the judge emphasised in the order.
The court also dismissed the defence argument that the accused were unaware of the risks. The judge stated, “I am of the opinion that to establish the offence of culpable homicide not amounting to murder, it is not necessary for the offender to have precise knowledge of the exact incident. Knowledge implies being aware of the possibility of such an incident.”
The court held, “It is sufficient that the offenders were aware that by permitting the illegal use of the basement, they were endangering the lives of others. This illegal use is directly linked to the unfortunate incident.”
While dismissing the bail pleas, the court also pointed out the failures of the civic agencies and the drainage system.
The court noted that while systemic failures contributed significantly to the incident, this does not absolve the applicants of responsibility, particularly when the failure of the stormwater drains was mainly due to encroachments and obstructions.
“Addressing the argument concerning the direct and proximate link between leasing the basement and the incident, I find that the basement was being used to conduct activities involving a large number of students for extended periods, in violation of safety norms,” the judge noted in the order.
The judge remarked, “If a common man like Kishore Kumar Kushwaha could foresee the danger, the owners/occupiers of the building were in an even better position to understand the risks involved.”
Therefore, the court concluded that the claim that knowledge of culpable homicide cannot be attributed to the owners lacks merit, especially since the owners live in the same vicinity and are familiar with the building’s specific conditions.
The court also noted that on 27 June (just one month prior to the incident), Kishore Singh Kushwaha, a resident of Karol Bagh, alerted the authorities by specifically complaining against Rau’s IAS for conducting classes in the basement without permission and expressed concerns about a potential major accident.
“Despite reminders sent in July, it is distressing to note that the authorities did not act promptly on the complaint, which could have saved precious lives,” the judge stated.
The court further noted in the order that on 4 August 2023 (about one year before the incident), the Deputy Commissioner of the MCD issued a notice to the owners/occupiers of the building, instructing them to cease the misuse of the property. The notice was served by affixing it to the property.
“It is not credible that the owners were unaware of the notice dated 4 August 2023, as they are the owners and beneficiaries of the property and must have been informed about the service of the notice. Neither the owners nor the occupiers complied with the notice, and no justification has been provided for this non-compliance,” the judge said.
The detailed written submissions were filed by advocate Abhijit Anand, counsel for the victims, who specifically referred to various clauses of the Unified Building Byelaws 2016.
It was asserted that the basement was constructed in complete violation of these byelaws, thereby compromising the safety of the students.
The counsel refuted the defence’s arguments by pointing out that in the Uphaar Cinema and Bhopal Gas tragedy cases, the primary causes of the disasters were the actions of the tenants, and the landlords were not aware of the increased risks. However, in the present case, the landlords had full knowledge of the risks associated with running a coaching centre in the basement. (ANI)
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