New Delhi Terming the crime as "serious", a Delhi court on Wednesday denied bail to an SUV driver for his alleged role in the drowning of three civil servant aspirants at an alleged training center here, saying that the statement was "unsustainable at this time." .
The court also rejected the bail pleas of the four co-owners of the basement, Tejinder Singh, Parvinder Singh, Harvinder Singh and Sarabjeet Singh, saying the investigation was still at a "nascent stage". He said the basement intended for parking and domestic storage being used for commercial purposes was a "complete violation of the law."
The local court's denial of bail came hours after a Delhi High Court bench headed by Acting Chief Justice Manmohan criticized the police for their "bizarre" investigation in arresting the driver. "What are the Delhi Police doing? Are they missing? What are the officials who are monitoring the investigation doing? Is this a cover-up or what?" the high court said in the morning while hearing a PIL seeking an inquiry into the incident.
Rejecting the bail plea, judicial magistrate Vinod Kumar said, "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 that it causes a huge displacement of water as a result of which the gate of the alleged premises gave way and the water entered the basement and consequently three innocent lives have been lost in said incident.”
The magistrate said the video showed "prima facie" that some passers-by warned Manuj Kathuria not to drive fast. "But he did not pay attention. The allegations against the accused are of serious nature. This court has been informed that the investigation is still underway. ongoing and the role of other civic agencies is also being thoroughly investigated. The investigation is in its nascent stage," the court said.
Terming the bail plea as "untenable at this juncture", the court rejected it and said the decision was taken keeping in mind the facts and circumstances of the case as well as the seriousness of the offences.
Kathuria was accused of driving his Force Gurkha car down the street flooded by rainwater, causing the water to swell and break the doors of the three-story building and flood the basement. The four co-owners have been charged with complicity in crimes.
"The allegations leveled against the accused are that they are co-owners of the premises, i.e. the basement. A careful reading of the lease agreement dated June 5, 2022, executed between the accused and the alleged training institute shows that the leased premises were being used for commercial purposes contrary to the conditions of the completion and occupancy certificate issued by the North Delhi Municipal Corporation (NDMC), in complete violation of the law," the magistrate said.
"The unfortunate tragedy took place at the alleged premises because it was used for commercial purposes and in this tragedy three innocent lives were lost," he added. The court said that the allegations against them were "serious in nature" and that the investigation was in progress. an "incipient stage."
Stating that the bail plea was "untenable" at the current stage, the court dismissed the application.
Earlier, additional public prosecutor Atul Srivastava had opposed the bail, saying that as per the NDMC completion and occupancy certificate dated August 9, 2021, permission for use of the basement had been granted "for parking use only." and domestic storage." But the facilities were being used for training purposes in serious violation of the certificate, which was within the "full knowledge" of the four co-owners, he said, adding that the defendants "intentionally incited the deaths of three innocent people".
Amit Chadha, counsel for the accused, had argued that the only liability of his clients was that they were co-owners of the basement and as per the lease agreement, the entire responsibility for maintenance was on the tenant (training institute).
The lawyer said there was no required knowledge or intention on the part of his clients and the criminal offense of culpable homicide not amounting to murder was invoked to circumvent the Supreme Court's 2014 guidelines on arrest. "Various civic agencies, for example, the Delhi Municipal Corporation, the fire service and the Delhi Police are responsible for the alleged tragedy and no liability can be imposed on the accused," he said.
The five accused were arrested on Monday.
Earlier on Sunday, a magistrate court had sent Rau IAS Study Circle owner Abhishek Gupta and coordinator Deshpal Singh to 14 days of judicial custody. The police have registered an FIR under sections 105 (culpable homicide) of Bharatiya Nyaya Sanhita (BNS), 106(1) (death of any person for committing reckless or negligent act not amounting to culpable homicide), 115(2) (punishment for voluntarily causing hurt) and 290 (negligent conduct in respect of demolition, repair or construction of buildings).
The court also rejected the bail pleas of the four co-owners of the basement, Tejinder Singh, Parvinder Singh, Harvinder Singh and Sarabjeet Singh, saying the investigation was still at a "nascent stage". He said the basement intended for parking and domestic storage being used for commercial purposes was a "complete violation of the law."
The local court's denial of bail came hours after a Delhi High Court bench headed by Acting Chief Justice Manmohan criticized the police for their "bizarre" investigation in arresting the driver. "What are the Delhi Police doing? Are they missing? What are the officials who are monitoring the investigation doing? Is this a cover-up or what?" the high court said in the morning while hearing a PIL seeking an inquiry into the incident.
Rejecting the bail plea, judicial magistrate Vinod Kumar said, "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 that it causes a huge displacement of water as a result of which the gate of the alleged premises gave way and the water entered the basement and consequently three innocent lives have been lost in said incident.”
The magistrate said the video showed "prima facie" that some passers-by warned Manuj Kathuria not to drive fast. "But he did not pay attention. The allegations against the accused are of serious nature. This court has been informed that the investigation is still underway. ongoing and the role of other civic agencies is also being thoroughly investigated. The investigation is in its nascent stage," the court said.
Terming the bail plea as "untenable at this juncture", the court rejected it and said the decision was taken keeping in mind the facts and circumstances of the case as well as the seriousness of the offences.
Kathuria was accused of driving his Force Gurkha car down the street flooded by rainwater, causing the water to swell and break the doors of the three-story building and flood the basement. The four co-owners have been charged with complicity in crimes.
"The allegations leveled against the accused are that they are co-owners of the premises, i.e. the basement. A careful reading of the lease agreement dated June 5, 2022, executed between the accused and the alleged training institute shows that the leased premises were being used for commercial purposes contrary to the conditions of the completion and occupancy certificate issued by the North Delhi Municipal Corporation (NDMC), in complete violation of the law," the magistrate said.
"The unfortunate tragedy took place at the alleged premises because it was used for commercial purposes and in this tragedy three innocent lives were lost," he added. The court said that the allegations against them were "serious in nature" and that the investigation was in progress. an "incipient stage."
Stating that the bail plea was "untenable" at the current stage, the court dismissed the application.
Earlier, additional public prosecutor Atul Srivastava had opposed the bail, saying that as per the NDMC completion and occupancy certificate dated August 9, 2021, permission for use of the basement had been granted "for parking use only." and domestic storage." But the facilities were being used for training purposes in serious violation of the certificate, which was within the "full knowledge" of the four co-owners, he said, adding that the defendants "intentionally incited the deaths of three innocent people".
Amit Chadha, counsel for the accused, had argued that the only liability of his clients was that they were co-owners of the basement and as per the lease agreement, the entire responsibility for maintenance was on the tenant (training institute).
The lawyer said there was no required knowledge or intention on the part of his clients and the criminal offense of culpable homicide not amounting to murder was invoked to circumvent the Supreme Court's 2014 guidelines on arrest. "Various civic agencies, for example, the Delhi Municipal Corporation, the fire service and the Delhi Police are responsible for the alleged tragedy and no liability can be imposed on the accused," he said.
The five accused were arrested on Monday.
Earlier on Sunday, a magistrate court had sent Rau IAS Study Circle owner Abhishek Gupta and coordinator Deshpal Singh to 14 days of judicial custody. The police have registered an FIR under sections 105 (culpable homicide) of Bharatiya Nyaya Sanhita (BNS), 106(1) (death of any person for committing reckless or negligent act not amounting to culpable homicide), 115(2) (punishment for voluntarily causing hurt) and 290 (negligent conduct in respect of demolition, repair or construction of buildings).
