The denial of bail by the local court came hours after a Delhi High Court bench headed by Acting Chief Justice Manmohan castigated the police for its "strange" probe by arresting the driver
Representational Pic/File
Terming the offence as "serious", a Delhi court on Wednesday denied bail to an SUV driver for his alleged role in drowning of three civil services aspirants at a reputed coaching centre, saying the plea was "untenable at this stage".
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The court also rejected the bail pleas of the four basement co-owners Tejinder Singh, Parvinder Singh, Harvinder Singh, and Sarabjeet Singh, saying the investigation was still at a "nascent stage." It said the basement earmarked for parking and household storage being used for commercial purposes was in "complete violation of law".
The denial of bail by the local court came hours after a Delhi High Court bench headed by Acting Chief Justice Manmohan castigated the police for its "strange" probe by arresting the driver.
"What is Delhi Police doing? Have they lost it? What are its officials who are monitoring the probe doing? This is a cover up or what?" the high court said in the forenoon while hearing a PIL seeking a probe into the incident.
Rejecting the bail plea, Judicial Magistrate Vinod Kumar said, "the perusal of the CCTV footage of the alleged incident shows that the accused can be seen driving the said vehicle on an already heavily waterlogged road at such a speed causing large displacement of water as a result of which the gate of the alleged premises gave way and the water went into the basement and consequently three innocent lives have been lost in the said incident."
The magistrate said the video footage "prima facie" showed that Manuj Kathuria was warned by some passersby not to drive fast.
"But he did not pay any heed. The allegations against the accused are serious in nature. This court has been apprised that the investigation is still underway and the role of other civic agencies are also being thoroughly probed. The investigation is at its nascent stage," the court said.
Terming the bail plea "untenable at this stage", the court rejected it and said the decision was taken keeping in mind the facts and circumstances of the case as well as seriousness of the offences.
Kathuria was accused of driving his Force Gurkha car through the street that was flooded by rainwater, causing the water to swell and breach the gates of the three-storey building and inundate the basement.
The four co-owners have been charged with abetting the offences.
"The allegations levelled against the accused persons are that they are the joint owner of premises i.e, basement. A perusal of the lease deed dated June 5, 2022, executed between the accused persons and the alleged coaching institute shows that the leased premises were being used for commercial purposes contrary to the conditions of the completion cum occupancy certificate issued by the North Delhi Municipal Corporation (NDMC) in complete violation of law," the magistrate said.
"The unfortunate tragedy took place in the alleged premises as the same was being used for commercial purposes and three innocent lives were lost in the said tragedy," he added.
The court said that allegations against them were "serious in nature" and the investigation was at a "nascent stage".
Saying that the plea seeking bail was "untenable" at the present stage, the court dismissed the application.
Earlier, Additional Public Prosecutor Atul Srivastava had opposed the bail, saying according to the NDMC's completion cum occupancy certificate dated August 9, 2021, permission had been given for the use of the basement "for parking use and household storage only."
But the premises were being used for coaching purposes in gross violation of the certificate, which was within the "full knowledge" of the four co-owners, he said adding, the accused persons "intentionally abetted the death of three innocent persons."
Amit Chadha, counsel for the accused persons, had argued that the only liability of his clients was that they were joint owners of the basement and according to the lease agreement, the entire responsibility for maintenance was on the lessee (coaching institute).
The advocate said there was no requisite knowledge or intention by his clients and the penal offence of culpable homicide not amounting to murder was invoked to bypass the 2014 guidelines of the Supreme Court on arrest.
"Various civic agencies, for example, Municipal Corporation of Delhi, fire service and Delhi Police are responsible for the alleged tragedy and no liability can be imposed upon the accused persons," he claimed.
The five accused were arrested on Monday.
Earlier on Sunday, a magisterial court had sent to 14 days judicial custody Rau's IAS Study Circle owner Abhishek Gupta and coordinator Deshpal Singh.
Police have registered an FIR under the Bharatiya Nyaya Sanhita (BNS) sections 105 (culpable homicide), 106(1) (death of any person by doing any rash or negligent act not amounting to culpable homicide), 115(2) (punishment for voluntarily causing hurt)and 290 (negligent conduct with respect to pulling down, repairing or constructing buildings).
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