Breaking: Delhi High Court Transfers To CBI Investigation Into Recent Water Flooding Tragedy Killing 3 Students At UPSC Coaching Centre

The three aspirants lost their lives due to drowning in the basement of the building housing Rau's Study Circle in Old Rajender Nagar, which was flooded following the recent rains in Delhi.

After hearing the matter at length, the Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said, "Having regard to the nature of the incident and to ensure that the public has no doubt with regard to the investigation, this Court transfers the investigation to the CBI."

"The MCD Commissioner is directed to ensure that the drains in the area should be functional and if they need to be, should be done in a systematic manner at the earliest. Encroachments and illegal constructions in the area shall be removed forthwith," the Court directed. 

However, the Court opined, that one needs to lift the level of debate and needs to look at the bigger picture as there is a far more fundamental problem in the city of Delhi. "Physical, Financial and Administrative infrastructures are all outdated and are not in requirement of the present day Delhi. With the population of excess of 3 crores, Delhi needs more modern physical and administrative infrastructure," the Court remarked. 

Furthermore, the Bench said, "The physical infrastructure in Delhi was laid down nearly 75 years ago, the physical infrastructure is not only inadequate but poorly maintained."

"It is no wonder that Delhi is going from one crisis to another. One day there is problem of draught, other day it is flood. If the water in monsoon had been properly stored, there would be no issue of draught next year. It is time administrative, physical and financial infrastructure of Delhi is re-looked at. Accordingly, this Court directs constitution of a committee headed by the Chief Secretary of GNCTD, MCD Commissioner, Commissioner Delhi Police, DDA VC," the Bench ordered. The Court further directed the committee to submit its report within four weeks. 

During the hearing today, the Municipal Corporation Development (MCD) Commissioner, concerned DCP, and concerned Investigation Officer appeared in person. 

At the outset, the Court told the Delhi Police, "Maximum someone deserves in this scenario is apology. If you don't tell us what the facts are. This is not brothers club. Police is respected when it books the culprit and leave the innocent. If you book the innocent and leave the culprit, it will be very sad."

Additional Solicitor General (ASG) Sanjay Jain appeared for the Delhi Police and submitted, "We are not here to justify anything. We carried out the investigation in extreme stress." 

To this submission, ACJ said, "Problem is this, we are all under a lot of stress but this is the scenario. All our experience comes in and we have to handle it. We can't come under stress. The moment we come under stress, we take wrong steps. And in this case, some wrong steps have been taken. Please do the investigation in a scientific manner."

The Bench then asked the MCD Commissioner about the status of the investigation. 

The Commissioner submitted that the stormwater drain is dysfunctional and has been encroached upon by residents.

The Court pulled up the MCD and said, "Your persons supervising is not doing anything. He (the Senior) is not moving out of his office. What is the action against this man? If the portion of drain was under repair, someone should have done something. Why was the officer not aware of all this? Everyone knew how hot summer had been. You need not be a scientist to know it would be heavy rainfall this monsoon."

"We were told there was a saucer found there and water used to go in basement. Then while sanctioning the plan, someone should have checked it... Who sanctioned this building plan? Have you interrogated him?" the Court asked. 

To this, the DCP appearing in person told the Bench that the owner of the building has been arrested and is in jail. 

Further, the Bench inquired with the DCP on what exactly happened on the day of the incident. 

The DCP explained to the Bench, the manner in which the unfortunate incident happened. However, in response to queries put forth by the Court, the DCP admitted that the file of MCD has not been seized and the MCD officials have not been personally questioned. 

ASG Jain contended,"Our investigation is going on. My Lords may assess the investigation in the next week."

"I don't think this matter is being handled very scientifically," the ACJ said. 

The ASG further submitted, "Allow us to show our progress; if even on that day my Lords are not satisfied, you may decide."

Accordingly, the Court transferred the investigation into the incident to the CBI. 

On July 31, the Court had sought the presence of the MCD Commissioner, DCP, and IO in the case. The Court had said, "We want to know, how did water accumulate over there? How did the water get into the basement? And why was this infrastructure not upgraded in the first instance? Second, you are allowing so much of construction to take place, amending the bye-laws, and being so liberal. The infrastructure facility should improve, it cannot be that you have infrastructural facilities which is a century old and you are liberalising the existing bye-laws."

The Public Interest Litigation (PIL) filed through Advocate Rudra Vikram Singh highlights severe violations of Article 21, which guarantees the right to life and personal liberty. The petition seeks to bring attention to alarming incidents that have occurred at a coaching institute in Rajendra Nagar, New Delhi, where three young civil service aspirants recently lost their lives due to alleged negligence by government authorities.

The PIL underscores a troubling pattern of negligence and corruption within the relevant departments, asserting that such failures have contributed to numerous fatalities over the years. The capital has witnessed a series of tragic events linked to inadequate safety measures in coaching centers, with the latest incident resulting in critical injuries to several students, in addition to the fatalities. 

"In a recent incident which happened in a coaching institute situated in Rajendra Nagar, New Delhi, wherein three young Civil Servant aspirants have lost their lives and many others are struggling between life and death due to negligence of Respondent No. 1 to 4. Unfortunately, this was not the first incident in the capital of India but many such unfortunate events have taken place in Delhi in the past few years, but the respondents have never taken any preventive measures to avoid such scary incidents." the petition reads.

It also refers to a similar incident from June of the previous year, when a fire at a coaching center in Mukherjee Nagar prompted the Court to take suo motu cognizance. The Court had issued notices to the Fire Department and the Government of the National Capital Territory of Delhi, and sought a status report and directing authorities to crack down on coaching centers operating in violation of safety regulations. Despite these measures, the recent deaths have raised serious concerns about compliance with the Court's directives.

According to the petition, over 50% of commercial buildings in Delhi are operating illegally, often in residential areas, without proper approvals and safety clearances. The petitioners argue that the authorities, aware of these violations, are complicit in allowing these establishments to function in exchange for bribes, thereby compromising public safety and leading to tragic consequences. 

"In Delhi, more than 50 % of the commercial buildings are running in an illegal manner, and many of them are running in residential areas that too without having any proper approval and clearances, and the respondents are well aware about their illegal functioning are allowing them just for the sake of few bribery amount. And because of few corrupt officers many are losing their lives and Capital of India facing embarrassment situation again and again," it reads.

Cause Title: Kutumb through its trustee v. State of NCT of Delhi & Ors. along with Amrik Singh Babbar (Library) v. State of NCT of Delhi & Ors. [W.P.(C)-10550/2024 & CM APPL. 43292/2024 In W.P.(C)-13308/2023]