On Friday, the Rouse Avenue Court dismissed the bail applications of four individuals involved in a tragic incident where three UPSC aspirants drowned in the basement of a coaching centre in Delhi's Rajinder Nagar. The court's decision highlighted the significant lapses by Municipal Corporation of Delhi (MCD) officials, who failed to act against the illegal use of the basement.
The accused, Sarabjit Singh, Harvinder Singh, Parvinder Singh, and Tejinder Singh, were denied bail as the investigation is still unfolding. Principal District and Sessions Judge Anju Bajaj Chandna noted that while the accused are part of the case, they are not solely responsible for the tragedy.
The court emphasised that the role of MCD officials, who had overlooked the illegal basement usage despite a recent complaint, raises serious concerns about their potential complicity.
Judge Chandna expressed hope that the Central Bureau of Investigation (CBI) would thoroughly investigate the MCD's role and ensure that all involved parties are held accountable.
The court rejected the defence's argument that the accused had surrendered voluntarily and had not absconded. The judge stressed that this fact alone was insufficient for bail, given the critical stage of the CBI's investigation.
The court underscored the need to examine building bylaw violations and encroachments on the drainage system. It also pointed out that the knowledge of risks associated with the illegal basement use was enough to hold the accused responsible. The judge dismissed the defence's claim of ignorance, asserting that permitting such use implied awareness of the dangers.
The court also criticised the systemic failures of civic agencies and the drainage system, noting that these issues, while significant, do not absolve the owners of responsibility.
The basement was used for large classes, violating safety norms, which directly linked to the incident. The judge remarked that if a common resident could foresee the danger, the building owners should have been even more aware of the risks.
Further complicating the situation, the court noted that Kishore Singh Kushwaha, a local resident, had alerted authorities about the unsafe conditions in the basement a month before the incident. Despite repeated reminders, the authorities did not act promptly, which could have prevented the tragedy.
The court also referred to a notice issued on August 4, 2023, instructing the building owners to cease the property's misuse. The owners' failure to comply with this notice demonstrated a disregard for safety regulations.
In addition, advocate Abhijit Anand, representing the victims, presented detailed submissions highlighting various violations of the Unified Building Bye Laws 2016. Anand argued that the basement was constructed in complete disregard of these safety regulations, compromising the students' safety.
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