UPSC aspirants’ case: HC stays order on basement owners’ bail plea
Their bail plea filed in the Delhi High Court alleged that the trial court had failed to consider that the applicants were not named in the FIR
The Delhi High Court on Thursday reserved its order on the bail pleas of four co-owners of a basement in connection with the tragic deaths of three IAS aspirants in Old Rajinder Nagar. The aspirants drowned after the basement got badly flooded.
Justice Dinesh Kumar Sharma has not yet taken the decision but has asked the CBI to submit a status report discussing the major causes of waterlogging in the area and the rainfall data for that day.
Recently, the court refused to grant bail to the four co-owners, because the co-owners’ liability arose from their tort of allowing the cellar to be used as a training institute.
Their bail plea filed in the Delhi High Court alleged that the trial court had not considered that the applicants were not named in the FIR. Moreover, the plea emphasised that the co-owners voluntarily reported to the police station and cooperated with the investigation, which showed their good faith despite not being summoned by the investigating officer.
Their plea further states that the court overlooked the principle that vicious liability does not apply in criminal jurisprudence. Their plea stated that strict criminal liability only applies to the person who directly commits the criminal act, which they argue does not apply to the present applicants.
In their earlier bail application, the suspects argued that the tragic incident was caused by heavy rainfall, which they described as an “act of God”. They also blamed the municipal body for the poorly functioning sewage system in the area.
In court, the Central Bureau of Investigation (CBI), which is handling the case, said the basement was only for storage and not for educational purposes. The agency alleged that the defendants were aware of the risks involved in running a coaching centre in that space.
The court also considered the testimony of a resident of Karol Bagh, who had earlier raised concerns about Rau’s IAS running a classroom in the basement without permission. He had warned of a possible major accident a month before the incident.
The court finds that the suspects were aware that allowing the illegal use of the cellar was life-threatening and that this illegal use was directly related to the tragic event.
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First publication: Sep 12, 2024 | 2:50 PM IST