Delhi HC grants bail to four people in IAS coaching centre deaths

On Friday, the court ordered the release of the four co-owners, subject to them depositing ₹5 crore with the Red Cross

The Delhi high court on Friday granted interim bail till January 30, to the four co-owners of the basement of a coaching centre in Old Rajendra Nagar where three IAS aspirants drowned in July.

Three IAS aspirants drowned in the basement library of Rau's IAS Study Circle in Old Rajendra Nagar in New Delhi on July 27. (Sanchit Khanna/HT Photo)

The four joint owners of the basement in question — Sarabjeet Singh, Tejinder Singh, Harinder Singh, and Parminder Singh — were apprehended on July 28, a day after the three IAS aspirants died. Initially handled by the Delhi Police, the Central Bureau of Investigation (CBI) took over the probe of the case on August 2.

On Friday, a bench of justice Dinesh Kumar Sharma ordered the release of the four co-owners, subject to them depositing ₹5 crore with the Red Cross, saying that the act committed by them is “unpardonable” and an “act of greed”.

Taking into consideration the grievous nature of the incident, the court also asked lieutenant governor VK Saxena to form a committee — to be headed by retired high court judge — to ensure that no coaching centre in the Capital operates from the basement, and to carve out places where such centres should operate from.

On Thursday, while reserving its verdict in the matter, the court had asked CBI to file a report by indicating the reasons for heavy waterlogging in Old Rajendra Nagar, and asked the federal agency to mention the amount of rain that had occurred on the day of the incident, and if the gate — which collapsed, leading to the flooding — was sufficient to block water from filling into the basement.

In their bail applications filed through advocates Gaurav Dua and Kaushal Jeet Kait, the co-owners had claimed that the applicability of Bharatiya Nyaya Sanhita (BNS) section 105 (culpable homicide not amounting to murder) was a sham and a “feeble attempt” to increase the gravity of the case. They pleas underscored that the said provision was not attracted in any manner as they never intended nor had the knowledge to commit such a crime, and the city court in its order failed to consider the aspect of absence of mens rea.

The co-owners, represented by senior advocate Mohit Mathur and advocate Daksh Gupta, asserted that though they were in custody since July 28, CBI had not initiated any action against the erring officials.

CBI, in an affidavit filed on Tuesday, had opposed the bail plea, saying that co-owners leased the basement for running the coaching institute to get high rent of ₹4 lakh per month, despite knowing that the basement could not be used for commercial activity.

The federal agency pointed out that the co-owners had leased out the property to M/S Rau’s IAS Study Circle without paying conversion charges for the change of basement usage, and in contravention to the approved usage of the basement. It said that the lessor (co-owners) and the lessee (Rau’s) knowingly agreed to use the basement for the commercial purpose of running the coaching institute. The affidavit stated that the co-owners had first-hand knowledge about the fact that the premises was being used for the purpose of coaching institute and the same would be used by the students.