[UPSC Aspirants’ Death Case] “Owner Knowingly Used Basement for Commercial Purposes Violating MCD Guidelines”: CBI

Thank you for reading this post, don't forget to subscribe!

The CBI requested a special court’s approval for the custodial interrogation of Abhishek Gupta, the owner of a coaching institute, and other accused individuals in the case of the death of UPSC aspirants. The agency highlighted the gravity of the allegations, stating that Gupta “knowingly” used the basement where the incident occurred.

New Delhi: The CBI alleged that the owner of Rau’s IAS Study Circle coaching institute, where three UPSC aspirants drowned due to waterlogging in Old Rajinder Nagar on July 27, “owner knowingly used the basement for commercial purposes” violating the usage approved by the Municipal Corporation of Delhi.

Given the “seriousness” of the allegations, the CBI requested the special court’s permission for the “custodial interrogation” of the coaching institute’s owner, Abhishek Gupta, along with other accused Deshpal Singh, Harvinder Singh, Parvinder Singh, Sarabjeet Singh, and Tajinder Singh who are currently in judicial custody.

On Saturday, Additional Chief Judicial Magistrate Nishant Garg ordered all six individuals to be remanded to CBI custody until September 4.

In its court submission, the CBI stated that its investigation revealed the institute operated without a fire safety certificate for nearly a year after the issue was brought to the attention of the Delhi High Court in 2023.

When the matter raised before the high court last year regarding several coaching institutes in the area lacking mandatory fire safety certificates, the Municipal Corporation of Delhi (MCD) issued a show-cause notice to the owner of Rau’s IAS Study Circle, directing compliance with Masterplan-2021.

In response, on August 8, 2023, the owner assured the MCD that an application for the fire safety certificate had been submitted. The certificate eventually issued to the institute on July 9, 2024.

CBI

The CBI’s investigation further revealed that the MCD issued an occupancy certificate for the building on August 9, 2021, which “explicitly” restricted basement use to specific purposes such as a staircase, lift, lobby, toilet, parking, household storage, and car lift.

Despite this, the CBI alleges that the coaching institute’s owner, Abhishek Gupta, entered into a lease agreement with the building’s co-owners on January 5, 2022, leasing the property for nine years at a monthly rent of Rs. 4 lakh.

The basement allegedly being used as a library and examination hall with a seating capacity of 80-90 students, where they would spend the entire day studying and taking tests, according to the CBI’s findings.

The CBI informed a special court,

“In violation of the approved usage of the basement, both the lessor and lessee knowingly agreed to use the basement for the commercial purpose of operating the coaching institute.”

The investigation also revealed that Old Rajinder Nagar, being a low-lying area, frequently flooded even after moderate rainfall, with rainwater entering the premises. To prevent this, steel gates were installed in the building.

Citing the post-mortem report, the CBI stated that the three UPSC aspirants who drowned on July 27 died from asphyxia caused by ante-mortem drowning.

According to the CBI, their investigation showed that on July 27, at around 6:30 PM, several students were studying in the basement library of the coaching institute while heavy rain fell outside.

The agency previously stated,

“The rainwater suddenly entered the ground floor after the sliding gates of the main building unexpectedly fell, which then caused flooding in the basement,”

The CBI reported that while a few students managed to survive, three students Shreya Yadav, Tanya Soni, and Nevin Dalvin tragically lost their lives.

The agency’s investigation revealed that Rau’s IAS Study Circle operates in a building that comprises a “Basement, Stilt/Parking, Upper Ground Floor, First Floor, Second Floor, and Third Floor.”

The CBI stated,

“All the floors, including the basement, were utilized by the coaching institute. The basement specifically served as a library where students spent the entire day studying and taking tests conducted by the institute.”

The case, which has been filed under the Bharatiya Nyaya Sanhita (BNS), including Section 105 (culpable homicide not amounting to murder), transferred from the Delhi Police to the Central Bureau of Investigation (CBI) by the high court on August 2.

In its order on Saturday, the court noted,

“Considering the submissions in the application, and particularly the scope of the investigation as outlined in the August 2, 2024 order of the High Court of Delhi, custodial interrogation of the accused persons is necessary for the investigation and to ascertain the role of various individuals who may have been involved in corrupt practices or criminal negligence.”

The court issued this order in response to a CBI application seeking four days of police custody for the interrogation of all six accused. The accused were brought before the court after their previously granted judicial custody expired.

A Delhi court on Saturday remanded six individuals, arrested in connection with the drowning of three civil services aspirants in the basement of a coaching center in Old Rajinder Nagar, to four days of CBI custody. Additional Chief Judicial Magistrate Nishant Garg ordered the custody of Abhishek Gupta, Deshpal Singh, Tajinder Singh, Harvinder Singh, Sarabjit Singh, and Parvinder Singh until September 4.

The judge stated,

“Considering the submissions in the application and in particular the scope of investigation in terms of the order dated August 2, 2024, of the High Court of Delhi, custodial interrogation of the accused persons would be necessary for the purpose of investigation and for ascertaining the role played by various individuals who might have been involved in corrupt practices or criminal negligence,”

The order issued following a CBI application seeking four days of police custody for the accused to facilitate their interrogation. This decision came after the accused presented before the court upon the expiration of their previously granted judicial custody in the case. The CBI charged the individuals with various alleged offenses, including criminal negligence, dereliction of duty, and corrupt practices potentially involving local authorities’ officials.

Similar Posts