UPSC coaching centre deaths | Mercifully, you didn’t challan the water: HC slams police probe, transfers case to CBI
Forms Chief Secy-led panel to relook Delhi infrastructure, seeks a report in 8 weeks
6 min read
The Rau's IAS coaching centre where three UPSC aspirants died. (Express Photo by Amit Mehra)Dissatisfied with the Delhi Police probe into the death of three UPSC aspirants who drowned after being trapped in the basement of a civil services coaching centre in Old Rajinder Nagar last week, a division bench of the Delhi High Court Friday ordered that the probe be transferred to the CBI.
“Mercifully, you didn’t challan the water, saying ‘how dare you enter the basement’…,” Acting Chief Justice Manmohan remarked while slamming the probes by the Delhi Police and the MCD into the July 27 incident which saw civil services aspirants Tanya Soni, Shreya Yadav and Nivin Dalwin drown after gushing water trapped them inside an underground library at the Rau’s IAS Study Circle.
“Is this how civic planning works? There is a criminal negligence attached to it, this is not a swimming pool, it is a storm water drain. If water is falling short of reaching Yamuna, it will flood and enter homes. It has to reach the river. Even the Yamuna river is encroached,” the bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said.
The bench reasoned the transfer of the probe as necessary, considering “the seriousness of the incident, to ensure that the public has no doubt” on the probe and considering the possibility that the incident “may involve corruption by public servants”.
It also directed that the probe by CBI be supervised by a senior official nominated by the Central Vigilance Commission (CVC). The official will have to ensure that the probe is completed in a time-bound manner.
Additionally, the bench directed the MCD Commissioner to ensure that drains in the area are made functional and if there is a requirement of capacity enhancement, it should be done in a systematic manner at the earliest and that illegal and unauthorised construction in the area be removed forthwith.
Meanwhile, ruing the “multiplicity” of jurisdiction of authorities as well as terming the MCD’s financial health as “if not precarious, not healthy” with the city’s infrastructure failing to keep pace with the population, and blaming government “subsidies” for the increase in its population, the bench directed that a committee be constituted to “relook” Delhi’s “administrative, financial and physical infrastructure”.
The committee will be headed by Chief Secretary of GNCTD and also comprise the MCD Commissioner, the Delhi Development Authority Vice Chairman and the Delhi Police Commissioner; it has been directed to submit a report in the next 8 weeks.
Responding to the court’s queries, the police admitted it has not seized records, including with respect to the building plans, from the MCD yet and neither has it interrogated any MCD official so far.
Observing that the financial health of the MCD is “precarious”, the bench noted that the agency “has no funds” for “major infrastructure”.
In its order, dictated in the open court, it recorded, “This court is of the view that one needs to look at the bigger picture as there is a far more fundamental problem in the city of Delhi. Physical, financial and administrative infrastructure are all outdated and not in accordance with requirements of present day Delhi, with the population in excess of 3 crores, Delhi needs more modern physical and administrative infrastructure. Due to various subsidy schemes, the migration in Delhi has only increased and its population is also increasing.”
Recent tragedies, the bench said, showed that its past orders had “not been implemented in letter and spirit” and were being treated as “water over a duck’s back”.
Meanwhile, with MCD Commissioner Ashwani Kumar and police investigating officer as well as the DCP concerned, M Harsha Vardhan, present in the court Friday, Kumar, who took charge less than two months ago, admitted that the storm water drains at the site of the incident were “dysfunctional”. The bench was unimpressed after police stated it had so far not recorded the same in its probe.
Responding to the court’s queries, the police admitted it has not seized records, including with respect to the building plans, from the MCD yet and neither has it interrogated any MCD official so far.
Addressing the police, ACJ Manmohan remarked orally, “This is the most elementary… You’ve not taken care of the file, we know how files change. Your officer should have gone on Day One and taken the file. This is neglect and this is chargeable. Because you are government officers, you are getting around it. This is not a brotherly club. In every monsoon, we will have these tragedies. Let’s be ready for all these then. Water is not going to spare anyone, fury of nature you cannot fight. You have to allow storm water and sewage to function.”
The police said a notice had been sent to Delhi Fire Service but their response was “unsatisfactory” and “evasive” and that they have now sent further queries based on the response.
You May Like
Photos
