New Delhi [India]: The Delhi High Court on Friday granted interim bail to four co-owners of a basement linked to the tragic deaths of three IAS aspirants in Old Rajinder Nagar.
The bail will be in effect until January 30, 2025, said the court.
The bench of Justice DK Sharma also requested the Lieutenant Governor (LG) of Delhi to form a committee, which will operate under the supervision of a retired High Court judge, to ensure that no coaching centres are run in basements without sanction across Delhi.
Justice DK Sharma, while delivering the verdict, remarked that the actions of the four co-owners were “unpardonable” and demonstrated their “greed.”
Additionally, the court directed the four co-owners of the basement to deposit Rs 5 crore to the Red Cross Society.
On Thursday, the Delhi High Court asked the CBI to submit a status report addressing the primary causes of waterlogging in the area and the rainfall data from that day.
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.
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.