Old Rajendra Nagar deaths: Co-owners approach Delhi HC after city court denies bail

Four co-owners of the coaching centre basement in Delhi’s Old Rajendra Nagar, where three IAS aspirants drowned on July 27, have approached the Delhi high court after their bail was rejected last week by a city court.
In their plea filed through advocates Gaurav Dua and Kaushal Jeet Kait, the co-owners- Sarabjeet Singh, Tejinder Singh, Harinder Singh and Parminder Singh — who were arrested on July 28, asserted that the city court while refusing to release them on bail failed to consider that they had voluntarily surrendered to the investigating officer, despite not being named in the first information report (FIR).
The voluntary subjection, the plea added, clearly pointed towards their bonafide, which was not appreciated by the city court.
In its August 23 order, the city court had observed that even though the joint owners voluntarily surrendered before police, it was not sufficient to release them on bail.
Principal district and sessions judge Anju Bajaj Chandna, in her 14-page order had observed of the joint owners arose from their illegal act of permitting the basement to be used as a coaching institute. The judge had added that permitting the basement’s illegal use had a direct nexus with the unfortunate incident.
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Seeking bail, the co-owners in their petition claimed that the applicability of section 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita (BNS), was a sham and feeble attempt to increase the gravity of the case. It 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 this aspect.
“The prosecution has failed to show as to how the basic ingredients of the sections invoked against the applicant are satisfied. It is submitted that bare perusal of the sections invoked would show that at best the applicant can be subjected to civil liabilities as there was nether Mens rea nor actus reus on part of the applicant to bring them within the purview of criminal liability,” the plea added.
The petition painted a picture that the city court had even failed to take note of the fact that the co-owners had merely given the basement and third floor on lease for running the coaching centre, which is an activity permissible by the norms of Municipal Corporation of Delhi (MCD).
On July 27, the tragedy took place in Old Rajinder Nagar, claiming the lives of Tanya Soni, 21, Shreya Yadav, 25, and Nevin Delvin, 29. They drowned when the basement library of Rau’s IAS Study Circle flooded, leaving them with no means of escape. Initially handled by the Delhi Police, the Central Bureau of Investigation (CBI) had later registered a case for the offences of culpable homicide not amounting to murder, causing death by negligence, voluntarily causing hurt, negligent conduct w.r.t pulling down, repairing, or constructing building etc. and common intention, after the probe was transferred to them by the Delhi high court.
The high court had transferred the probe on August 2, in light of concerns regarding the quality of the initial investigation. The move aims to assure the public that the investigation will be thorough and transparent due to the sensitive nature of the incident.