Coaching centre deaths: Delhi HC seeks CBI's reply on co-owners' bail plea

The Delhi High Court on Thursday sought response of Central Bureau of Investigation (CBI) on bail petitions moved by four co-owners of the basement coaching centre in Old Rajinder Nagar, where three IAS aspirants drowned on July 27, 2024.

Recently, the trial court denied bail to the four co-owners and said that the liability of the co-owners stemmed from their illegal act of allowing the basement to be used as a coaching institute.

Justice Dinesh Kumar Sharma's bench, after issuing a notice to the CBI, described the case as "very unfortunate" and emphasized its seriousness. The court has directed the CBI to present concrete evidence. The matter has been scheduled for further hearing on September 11, 2024.

Their bail plea moved in Delhi High Court stated that the trial court failed to consider that the applicants were not named in the FIR. Additionally, the plea highlights that the co-owners voluntarily reported to the police station and cooperated with the investigation, demonstrating their bona fides despite not being called in by the investigating officer.

Their plea further contends that the trial court overlooked the principle that vicarious liability does not apply in criminal jurisprudence. Their plea stated that strict criminal liability pertains only to the person who directly commits the criminal act, which, in their view, does not apply to the current applicants.

In their earlier bail application, the accused argued that the tragic incident was caused by heavy rain, which they described as an "act of God." They also attributed part of the blame to the civic agency for the area's dysfunctional sewer system.
 

Before trial court, the Central Bureau of Investigation (CBI), which is handling the case, has stated that the basement was designated solely for storage, not for educational purposes. The agency claims that the accused were aware of the risks associated with operating a coaching centre in that space.

The court also considered testimony of a Karol Bagh resident, who had previously raised concerns about Rau's IAS running a classroom in the basement without permission. He had warned of a potential major accident a month before the incident.

The court observed that the accused were aware that allowing the illegal use of the basement was endangering lives and that this illegal use was directly connected to the tragic event.