New Delhi, Aug 23 (UNI) A Delhi Court on Friday dismissed the bail application of four joint owners of a coaching centre in Old Rajindra Nagar where three civil services aspirants drowned last month due to flooding of a library in the basement during heavy rains. The court also noted that civic officials were also partially responsible for the incident.
Special CBI Judge Anju Bajaj Chandna, after hearing the Prosecution and Defence Counsel, dismissed the ball application of the joint owners of the coaching centre -Parvinder Singh, Tajinder Singh, Harvinder Singh and Sarbjit Singh.
The Special Judge said, “I find it important to record that applicants are not exclusively responsible for the incident. The role of MCD officers who kept the matter of illegal use of basement pending without taking any action, more particularly not paying attention to the recent complaint of Kishore Singh Kushwaha, speaks volume about their complicity. This court sincerely hopes that CBI would deeply and thoroughly investigate the matter and bring all culprits to book.”
Rejecting the Defence plea seeking bail, the court said, “It is true that applicants themselves surrendered before the police authority but this fact would not be enough to enlarge them on bail when the investigation by CBI is at its initial and crucial stage and when important evidence is being gathered and witnesses are being examined.”
“The issue of violation of building bye-laws and encroachment over the drainage system needs to be investigated and specific role of the applicants needs to be ascertained,” the court said.
The Prosecution opposed the bail plea saying that applicants may influence the witnesses and may interfere with the process of investigation being influential businessmen.
While opposing the bail application, the Prosecution submitted that the basement owners/bail applicants had the ‘knowledge’ that the basement was only for storage and not for use as a library.
The probability of water entering the basement and thereby trapping students, was also in the knowledge of owners and occupiers as usually during rains, road in front of the building got flooded.
Defence Counsel strongly opposed the averments of the Prosecution and submitted that the main cause of the incident has been heavy rains, failure of drainage system and apathy of civic authorities.
The Defence said there was no intention to cause death and knowledge as provided for the offence of culpable homicide, cannot be attributed to the applicants/owners.
Three students lost their lives in the incident on July 27 when rain water flooded the basement library.
The first information report (FIR) over the incident was registered by in Police Station Rajinder Nagar on July 28.
By virtue of the order of the Delhi High Court dated August 2, the investigation was transferred to the Central Bureau of Investigation (CBI).
