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.