The judge had reserved the ruling after hearing arguments from both the applicant’s advocates and the Central Bureau of Investigation (CBI).
![[BREAKING] Coaching Centre Deaths | "Rau’s IAS will not reopen in Old Rajinder Nagar": Delhi Court Dismisses Plea to Access Premises](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/08/image-2024-08-28T172818.838.png?resize=820%2C461&ssl=1)
New Delhi: Today(On Aug 28): A Delhi court on Wednesday rejected a petition by RAU’s IAS Study Circle seeking access to its Old Rajender Nagar building, where three UPSC civil services aspirants drowned in July due to flooding.
“Application dismissed,”
stated Chief Judicial Magistrate Nishant Garg.
The judge had reserved the ruling after hearing arguments from both the applicant’s advocates and the Central Bureau of Investigation (CBI).
In previous hearing, Rau’s IAS Study Circle CEO Abhishek Gupta requested access to the premises, stating it was necessary to ensure the smooth operation of classes.
The judge stated,
“Arguments on the application have been heard, including those from the counsel for the victim. The matter is set for orders on August 28, 2024,”
During the arguments, senior advocate Rebecca John, representing Abhishek Gupta, argued that access to the building is essential for students to continue their studies. She asserted that the Central Bureau of Investigation (CBI) does not have the authority to block access to the premises.
John stated,
“They (CBI) can prosecute me (Gupta), but they cannot prevent me from entering the building. That responsibility lies with another civic agency. If the CBI wants the building sealed, they should request another agency to do it,”
In response, the CBI informed the court that the basement was intended for storage, and the tragic incident occurred because it was being used as a library.
Emphasizing the lack of safety measures in the building, the CBI warned,
“Such an accident could happen again in the near future,”
The advocate representing J Dalvil Suresh, father of Nevin Dalvil, one of the students who drowned in the basement, argued before the court that the Supreme Court ruled that no coaching centre can operate without proper safety measures.
The court inquired whether the CBI sealed the upper floors of the building and noted that the agency had not mentioned that the building was illegal. The CBI confirmed that it had not sealed the upper floors.
Senior advocate Rebecca John, defending Abhishek Gupta, claimed that the building adhered to all safety regulations.
She asked, further alleging that the CBI had not arrested any government officials and instead targeting “weak people.”
“If this were a residence where I [Gupta] lived, could I be barred from entering?”
The court also heard an application by Manoj Kathuria, who sought the release of his SUV from CBI custody. Police alleged that Kathuria drove his SUV at high speed through a waterlogged street, causing a wave that broke the coaching center’s gate, allowing rainwater to flood the basement, resulting in the deaths of the three students.
The court criticized the CBI for not releasing the vehicle, stating,
“What benefit will you get by keeping the vehicle with you? Why do you wish to keep it? You can inspect it even without seizing it.”
The CBI informed the court that a team of experts from IIT-Delhi had been engaged to assess whether the wave created by the vehicle could have impacted the main gate to the extent that its rails would collapse.
The tragic incident on July 27, where three aspirants lost their lives in the building’s flooded basement, led to the premises being sealed. The applicant had requested access, arguing that the premises were necessary for the smooth conduct of classes.
On August 6, the CBI filed a case against Gupta, charging him under sections 105 (culpable homicide not amounting to murder), 106 (1) (causing death by negligence), 115 (2) (voluntarily causing hurt), 290 (negligent conduct during the construction, repair, or demolition of buildings), and 3 (5) (joint criminal liability for actions taken with a common intent to commit a crime).
On August 2, the case was transferred from Delhi Police to the CBI following the Delhi High Court’s directions.
