Court Questions CBI on Show Cause Notice in Old Rajender Nagar Basement Case

New Delhi, India – During a hearing on the bail pleas of four co-owners of the Old Rajender Nagar basement, the Rouse Avenue court asked the CBI if a show cause notice was issued to the accused and the coaching center in August 2023. The accused, Harvinder, Parvinder, Tejinder, and Sarabjeet, were arrested in connection with a coaching center death case.

Principal District and Session Judge Anju Bajaj Chandna requested the CBI to provide a type copy of the show cause notice, as it was not tangible. The court also inquired whether the notice was served upon the accused co-owners. The matter is scheduled for further hearing tomorrow.

During the hearing, the court asked the counsel for the accused if they shared the occupancy/completion certificate with the tenant. Advocate Amit Chaddha stated that the property was given for commercial purposes, not as a library, and referred to a fire safety certificate issued for three years on July 9, 2024.

The court questioned how the incident occurred, to which it was submitted that water entered the basement due to a gate crashing caused by a wave from an SUV. The court asked if the gate was so weak that it crashed due to a water wave and what action was taken against the person who constructed the gate.

The counsel for the accused mentioned that the Delhi police did not find 105 BNS against SUV driver Manuj Kathuria, who was initially alleged to be the main accused but was granted bail. Advocate Chaddha argued that the investigation agency was arresting innocent people and referred to a complaint by a student on June 26.

The court asked what action the MCD took regarding the June 26 complaint. Advocate Chaddha mentioned that the MCD Commissioner admitted before the High Court that the drain in front of RAU’s study center was dysfunctional. The Deputy Commissioner issued a show cause notice to the lessee, but no action was taken despite knowing the issue.

The CBI submitted that a notice was served upon the owners on August 4, 2023, but it came in July 2024, showing negligence by the civic agency. The court requested a type copy of the notice, emphasizing its importance.

Advocate Chaddha argued that the case was one of negligence under section 106 BNS and mentioned judgments from the Bhopal Gas case to the Uphar cinema fire case. He stated that the incident occurred due to the sudden fall of a sliding gate and questioned who made such a weak gate.

The CBI stated that the gate was for the entire building, making the owner responsible, and that the library was running from the basement against the MCD master plan. The CBI argued that the owners were not concerned with the three deaths and were earning 4 lakh per month.

The court questioned the civic agency’s knowledge and actions, and the CBI stated that the case was transferred to them for this reason. The counsel for the deceased also appeared, questioning the owners’ responsibility and awareness of the situation. The court asked if there was any statement about the waterlogging and the owners’ responsibility to provide an escape route.

The counsel for the victim argued that the owners should have stopped the library and canceled the lease deed. The CBI mentioned that a student had filed a complaint a month prior, but the owners were unaware. The counsel emphasized that three lives were lost, and Advocate Chaddha stated that while the incident was unfortunate, the law must be followed.