The tragic case of the drowning of three UPSC aspirants at RAU's IAS Study Circle in Old Rajender Nagar has taken a new turn, with the Rouse Avenue court taking the next steps in the legal process.
The Central Bureau of Investigation (CBI) has filed a charge sheet against six individuals connected to the case, including CEO Abhishek Gupta, Deshpal Singh, and four co-owners of the coaching centre – Sarabjit Singh, Parvinder Singh, Tejinder Singh, and Harvinder Singh. These accused face charges under criminal conspiracy and culpable homicide not amounting to murder.
On October 29, 2024, the Additional Chief Judicial Magistrate (ACJM) Nishant Garg will review the charge sheet for further consideration. The charge sheet addresses the events that led to the deaths, but questions have been raised about its completeness.
Advocate Abhijit Anand, representing the father of one of the victims, argued that the CBI had failed to fully investigate corruption aspects connected to the accused or any public servants involved.
He pointed out that key issues, such as the sanction-building plan and the roles of other stakeholders, including Abhishek Gupta's wife and father-in-law, were not thoroughly examined in the charge sheet.
The court was informed that the fire NOC (No Objection Certificate) had also been obtained through irregular means, further complicating the case. Advocate Anand highlighted the fact that the basement of the coaching centre, where the incident occurred, was not legally permitted for commercial use. Despite this, it was being rented out for commercial purposes, including running a library, for substantial sums of money each month.
The CBI prosecutor responded by acknowledging that the investigation into corruption allegations was still ongoing. They reassured the court that should new information arise, it would be promptly investigated.
However, the CBI maintained that there was sufficient evidence against the accused in terms of their knowledge and participation in the illegal use of the basement for commercial purposes.
According to the CBI, both the owners and tenants had given explicit permission for the basement to be used for business activities, despite the clear legal limitations that prohibited such use.
The charge sheet highlighted several critical facts. First, an occupancy certificate, issued in August 2021, had clearly stated that the basement was to be used for storage or parking purposes only, not for commercial operations.
Despite this, in December 2021, the accused had taken ownership of the property, and commercial activities continued in the basement. Prior to the incident, a complaint had even been filed with the Municipal Corporation of Delhi (MCD) by a student, warning of the potential danger of flooding in the basement, but no action was taken. The basement had no emergency exits or proper fire safety measures in place, which exacerbated the danger.
Further evidence presented by the CBI revealed that there were 12 air conditioners and 19 fans installed in the basement, underscoring the fact that it was being heavily used for commercial purposes.
This setup posed a significant risk to the lives of those present, and the accused were fully aware of the potential dangers. Despite the warnings and the illegality of their actions, no steps were taken to remedy the situation. Electricity for the basement had also been secured for commercial purposes, another violation of the law.
One key figure in the case, the SUV driver Manuj Kathuria, was notably not included in the CBI's charge sheet. Kathuria had previously been granted bail by the Tis Hazari Court in August, and his vehicle was released to him following a September court order.
The court also granted interim bail to CEO Abhishek Gupta and Coordinator Deshpal Singh on September 23, with earlier interim bail extended to the four co-owners by the Delhi High Court. As the investigation continues, the Rouse Avenue court will now consider the legal arguments presented and decide on the next steps in this tragic case.
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