The Delhi High Court on Friday transferred the probe into the death of three UPSC aspirants at Rau’s IAS Study Circle in Old Rajender Nagar last weekend to the Central Bureau of Investigation (CBI). The Court asked the Central Vigilance Commission (CVC) to appoint a senior officer to oversee the probe by the CBI in the criminal case. Meanwhile, civil services aspirants protesting the Rajinder Nagar coaching centre deaths continued their agitation for the sixth day on Friday, with many seen studying at the protest site.
“In view of the nature of the incident and to ensure that the public has no doubt with regard to the investigation, this court transfers the probe to the CBI,” a division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela passed the order given the “seriousness of incident and that it may involve corruption by public servants.” The court pulled up the civic body and called the deaths shameful.
The Delhi High Court was hearing a public interest litigation (PIL) petition filed by an organisation named Kutumb seeking a “high-level” probe into the three deaths. The deaths happened when the basement of the coaching centre got flooded following heavy rainfall in the area. Poor drainage system and “illegal” use of the basement were said to be the core reasons behind the incident. On Friday, at least four UPSC coaching institutes offered `10 lakh each to the families of the victims Shreya Yadav, Tanya Soni and Nevin Dalvin. The court also constituted a committee to revamp and reform the physical, financial and administrative infrastructure of the national Capital.
On being informed by the MCD commissioner, who was present in the court, that the stormwater drains in the area were dysfunctional, the bench asked why didn’t the officials inform the MCD chief about it earlier. The bench castigated the police and MCD over the drowning incident, saying it was unable to fathom how the students could not come out.
It said, “administratively, Delhi has multiplicity of authorities who are only passing the buck and blaming each other.” “There has to be some accountability. The problem is some organisations have gone beyond the law...,” the court said.
“The physical infrastructure in Delhi was laid down nearly 75 years ago, the physical infrastructure is not only inadequate but poorly maintained. It is no wonder that Delhi is going from one crisis to another. One day there is problem of draught, other day it is flood. If the water in monsoon had been properly stored, there would be no issue of draught next year. It is time administrative, physical and financial infrastructure of Delhi is re-looked at,” court observed.
“Accordingly, this Court directs constitution of a committee headed by the Chief Secretary of GNCTD, MCD Commissioner, Commissioner Delhi Police, DDA VC,” the Bench ordered. The Court further directed the committee to submit its report within four weeks.
The Court directed MCD commissioner to ensure that the drains in the area are functional and if their capacity has to be increased, the same should be done in a systematic manner at the earliest. “Encroachments and illegal constructions in the area shall be removed forthwith.”
The two-judge bench of the court also came down heavily on the Delhi Police and the MCD for lack of effectiveness and for arresting Manuj Kathuria, the SUV driver accused of causing the flooding of the coaching centre basement respectively. The bench further called the action against the SUV driver unfair.
“Mercifully, you have not challaned rainwater for entering into basement, the way you arrested the SUV driver for driving his car there,” the court said. Hitting out at the police, the high court said, “Mercifully, you have not challaned rainwater for entering into the basement, the way you arrested the SUV driver for driving his car there.”
During the hearing, the counsel for Delhi Police submitted that the probe into the case was carried out under extreme stress and that it was doing its best to have forensic examinations of every aspect to ascertain the culpability.
To this, the court remarked that “we are all under a lot of stress” but in the present scenario, “we can’t come under stress”.
“The moment we come under stress, we take the wrong steps. And in this case, some wrong steps have been taken. Please do an investigation in a scientific manner. Don’t come under any stress,” the court said.
It wondered how a passerby could be arrested and not the official who did not see that the stormwater drain was dysfunctional and pulled up the police for not questioning any MCD official or even seizing the recent file from the civic body, which could have been an important piece of evidence.
