Court Denies Bail to Basement Owners in Delhi Drowning Incident Involving UPSC Aspirants
New Delhi, August 23: The Rouse Avenue Court has dismissed the bail applications of four co-owners of a basement where a tragic drowning incident occurred last month. Three UPSC aspirants lost their lives in the basement of a coaching center in Delhi’s Rajinder Nagar.
Role of MCD Officials
The court highlighted the failure of Municipal Corporation of Delhi (MCD) officials to act against the illegal use of the basement. Principal District and Sessions Judge Anju Bajaj Chandna expressed hope that the Central Bureau of Investigation (CBI) would thoroughly investigate this aspect.
Initial Stages of Investigation
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 early stages. The judge noted that the applicants are not solely responsible for the incident and pointed out the complicity of MCD officers who ignored a recent complaint by Kishore Singh Kushwaha.
Defence Arguments Rejected
The court rejected the defence’s argument that the accused had not absconded and had voluntarily appeared before the police. The judge acknowledged their surrender but emphasized that this alone was not enough to grant bail, especially with the CBI’s ongoing critical investigation.
Building Bylaw Violations
The judge stressed the need to investigate building bylaw violations and the specific roles of the applicants. The court dismissed the defence’s claim that the accused were unaware of the risks, stating that the offenders were aware that permitting the illegal use of the basement endangered lives.
Systemic Failures
The court also pointed out the failures of civic agencies and the drainage system, noting that while these systemic failures contributed to the incident, they do not absolve the applicants of responsibility. The judge remarked that the basement was used for activities involving many students, violating safety norms.
Prior Warnings Ignored
The court noted that Kishore Singh Kushwaha had alerted authorities about the illegal use of the basement a month before the incident. Despite reminders, the authorities did not act promptly, which could have saved lives. The court also mentioned a notice issued by the Deputy Commissioner of the MCD a year before the incident, instructing the owners to cease the misuse of the property, which was ignored.
Legal Submissions
Advocate Abhijit Anand, representing the victims, highlighted various clauses of the Unified Building Byelaws 2016, asserting that the basement was constructed in violation of these byelaws, compromising student safety. The counsel refuted the defence’s arguments by pointing out that unlike in the Uphaar Cinema and Bhopal Gas tragedy cases, the landlords in this case had full knowledge of the risks.
Doubts Revealed
Bail -: Bail is when someone who is in jail is allowed to go home while they wait for their trial. The court decides if they can go home or not.
UPSC Aspirants -: UPSC aspirants are people who are studying and preparing to take the UPSC exam. This exam is very important in India for getting jobs in the government.
Rouse Avenue Court -: Rouse Avenue Court is a special court in Delhi where important cases are heard. It’s named after the street where it is located.
MCD -: MCD stands for Municipal Corporation of Delhi. It’s a local government body that takes care of things like roads, schools, and buildings in Delhi.
CBI -: CBI stands for Central Bureau of Investigation. It’s a top agency in India that investigates serious crimes and corruption.
Judge Anju Bajaj Chandna -: Judge Anju Bajaj Chandna is the judge who is handling this case. A judge is a person who decides what happens in a court case.
Building Bylaw Violations -: Building bylaw violations happen when people do not follow the rules for constructing and using buildings. These rules are made to keep everyone safe.
Systemic Failures -: Systemic failures mean that there are problems in the way a system works. In this case, it means that the way buildings are checked and approved has many problems.