Delhi’s Vivek Vihar fire: A year on, case stuck in limbo

A year after a neonatal hospital fire in Delhi killed seven newborns, charges remain unfiled, and no witnesses have been examined, stalling justice.

A year after seven newborns died in a horrific fire at a neonatal hospital in Delhi’s Vivek Vihar, charges are yet to be framed against hospital owner Dr Naveen Khichi and his associate Akash Singh, and none of the 81 listed witnesses have been examined, investigators working on the case told HT.

The Baby Care New Born Hospital in Vivek Vihar, east Delhi on Thursday. (RAJ K RAJ /HT PHOTO)

The blaze at Baby Care New Born Hospital on May 25, 2023, ripped the lid off a disturbing web of negligence, regulatory violations, and licensing lapses—laid bare during a Delhi Police investigation. Yet, the trial has made no significant headway.

Officers involved in the probe said the past year has been spent largely in bail proceedings. Khichi and Singh—an unqualified BAMS practitioner running hospital operations—were both granted bail in March 2024.

Meanwhile, in the main criminal case, no witness has deposed before the Karkardooma court as charges have not been framed. Delhi Police filed a 796-page chargesheet in July 2023, naming 81 witnesses, including grieving parents, hospital staff, police and fire officials, and area residents.

The only witnessed that have deposed so far, did so in bail hearing taken up by the Delhi high court. “The only witnesses who have testified so far were in connection with the bail application—not in the main trial. That process itself took months,” said a senior police officer.

Even that partial list—around six to eight people—was produced reluctantly, amid repeated bail hearings. “Since October, we’ve mostly been in court for bail proceedings,” the officer said.

Another challenge with repeatedly producing victims’ families is their economic background.

Many live in far-flung parts of Uttar Pradesh and struggle financially, making regular travel to Delhi difficult, the officer explained. “Most of them do not come for bail hearings, court updates or case updates since they can’t afford frequent travel to Delhi. It’s hard to coordinate their travel or ensure attendance,” the officer added.

The blaze was first reported at 11.32pm, nearly half an hour after it began. By the time emergency services reached the C-Block hospital, the building was engulfed. Twelve newborns were trapped inside. All were rescued and rushed to East Delhi Advance NICU nearby.

Six babies were declared dead shortly after. A seventh infant died on May 31.

According to police’s chargesheet, post-mortems revealed five infants died from burns sustained before death. Others died of smoke-induced respiratory failure or suffered from conditions, including hydrocephalus (excess fluid in brain) and bleeding in the ventricles of their brain.

A case was filed under Indian Penal Code sections 336 (endangering life), 304A (causing death by negligence), and 34 (common intent). Later, sections 304 (culpable homicide not amounting to murder), 308 (attempt to commit culpable homicide), and Section 75 of the Juvenile Justice Act were added, following evidence of reckless endangerment.

Khichi and Singh were arrested two days after the fire and granted bail around 10 months later.

Police investigations revealed a hospital riddled with safety, staffing and licensing violations.

The facility’s health license had expired on March 31, 2023—two months before the fire—yet it continued to operate. It was licensed for five NICU beds but had 12 crammed into a space that failed to meet minimum area requirements. The minimum space requirement for each neonatal intensive care unit, or NICU, bed—4.65 square metres—was not met, the report stated.

Add to that, there were a string of fire safety violations.

There were no fire extinguishers, no emergency exit, only a narrow spiral staircase ill-suited for evacuation of critically ill infants, investigators said. When the license was issued, the hospital was permitted to store 20 oxygen cylinders. At the time of the fire, there were 34.

Police also found that unqualified BAMS practitioners, not registered neonatologists, were treating critically ill infants. Nurses lacked the requisite GNM degrees and registration with the Delhi Nursing Council.

“The hospital was running a NICU without qualified staff or basic fire safety, and despite a prior violation pending in court from 2019, it was still granted a fresh license by DGHS,” said a senior officer familiar with the investigation.

When HT visited the charred remains of the hospital this month, the building stood behind rusted tin sheets. Through gaps in the metal, debris and broken equipment were visible.

Locals said most of the hospital’s machines, documents and supplies were cleared out discreetly months ago by Khichi’s associates. Archana Parekh, who ran a boutique next door that was gutted in the fire, recalled the visit.

“It was about two or three months ago. A group came with trucks, entered the building, and took away what they could. The front was destroyed, but the back still had equipment. They loaded it all and left,” she said.

This clean-up raises questions about possible tampering with evidence. One of the bail conditions imposed on Khichi explicitly states that he must “not tamper with evidence nor indulge in any act that would prejudice the proceedings.”

A police officer aware of this instance said that they collected the evidence at the time of the incident “But we’ll look into the allegations levelled by locals.” Deputy commissioner of police (Shahdara) Prashant Gautam could not be reached for a comment on whether the accused violated his bail condition.

Yet, with no court testimony, no charges framed, and no trial underway, the silence surrounding the deaths of seven infants grows heavier with each passing day.