Court denies bail to coaching centre basement owners, but says they are not 'solely responsible'

New Delhi, Aug 22 (PTI) A Delhi court on Friday rejected the bail applications of four jailed co-owners of a coaching centre basement where three civil services aspirants drowned last month but observed that they were not "exclusively responsible" for the incident.

The role of Municipal Corporation of Delhi (MCD) officials who kept the matter of illegal use of the basement pending, even after a complaint from a citizen, speaks volumes about their complicity, the court said.

It hoped that the Central Bureau of Investigation, probing the July 27 incident at the Rau's IAS Study Circle in Old Rajindra Nagar, would bring all culprits to the book.

Principal District and Sessions Judge Anju Bajaj Chandna denied bail to Parvinder Singh, Tajinder Singh, Harvinder Singh and Sarbjit Singh, saying the CBI probe was at an initial stage and their specific role had to be ascertained.

Besides, the issue of violation of building bye-laws and encroachment over the drainage (in the area) needed to be probed, she said.

The court said a month prior to the incident, Kishore Singh Kushwaha, a resident of Karol Bagh, had complained to authorities, specifically against Rau's IAS Study Circle for running a classroom in the basement without permission. He had expressed apprehension of a major accident, it said.

"Despite reminders sent in this regard in the month of July, it is painful to note that authorities kept sitting on the said complaint and did not take prompt action, otherwise precious lives could have been saved," it said.

"Coming to the failure of civic authorities and drainage system, it is true that the system has contributed substantially to the occurrence but this does not reduce the fault of the applicants particularly when the failure of stormwater drains has been mainly due to encroachments and obstructions," the court added.

Regarding the direct and proximate nexus between leasing out of the basement and the incident, the court said the owners of the basement were in a position to know about the risks for carrying out activities which involved the presence of a huge number of students for long durations against safety norms.

"Therefore, the plea that knowledge of culpable homicide cannot be attributed to the owners has no merit or substance particularly when owners are the residents of the same vicinity and aware about its specific conditions," the court said.

In its 14-page order, the court said it was not necessary that the exact happening or precise incident must be in the knowledge of the offender to invoke the offence of culpable homicide not amounting to murder.

"Knowledge means being conscious about the possibility of such an incident. It was sufficient that offenders were knowing that by permitting illegal use of the basement they are endangering the life of others. Permitting illegal use of the basement has a direct nexus with the unfortunate incident," it said.

The court said that the fact that the applicants themselves surrendered before police was not enough to enlarge them on bail when the CBI investigation was "at its initial and crucial stage", when "important evidence" was being collected and at the point where "witnesses were being examined." It said, "The issue of violation of building bye-laws and encroachment over the drainage system needs to be investigated and the specific role of the applicants needs to be ascertained." Dismissing the bail application, the judge said, " I find no reason to enlarge the applicants or accused on bail." The court also observed that the four joint owners of the basement were not "exclusively responsible" for the incident. "The role of MCD officers who kept the matter of illegal use of the 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 the book," it said.

On August 17, the court had reserved the order after hearing the arguments of the lawyers of the CBI and the basement's four joint owners.

The Delhi High Court recently transferred the probe into the deaths in the basement of the coaching centre building in Old Rajinder Nagar from police to the CBI "to ensure the public has no doubt over the investigation". PTI