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The Delhi High Court on Friday transferred the investigation of a criminal case involving the drowning of three civil services aspirants in a coaching centre basement from the Delhi Police to the Central Bureau of Investigation (CBI). This decision follows severe criticism from the court towards both the police and the Municipal Corporation of Delhi (MCD) for their handling of the incident, according to news agency PTI.
The bench, comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, expressed disbelief at how the students were unable to escape the flooded basement. The court questioned the MCD officials’ failure to inform the commissioner about the non-functioning stormwater drains in the area. The bench remarked, “MCD officials are not bothered and it has become a norm.”
Taking a swipe at the police, the court said, “Mercifully, you have not challaned rainwater for entering into the basement, the way you arrested the SUV driver for driving his car there”, as quoted by PTI.
Manuj Kathuria was accused of driving his SUV through the street flooded by rainwater on July 27, causing the water to swell and breach the gates of the three-storey building housing the coaching centre and flooding the basement, where the three students were killed.
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Delhi HC Says Time To Re-Look At City’s Administrative, Forms Chief Secretary-Led Panel
The High Court also stated that it was time to re-look at Delhi’s administrative, financial, and physical infrastructure and formed a panel headed by the chief secretary.
In relation to the incident, a student had previously lodged a complaint with the MCD about the library operating in the basement of Rau IAS, as reported by Bar and Bench. The MCD responded that a probe into all coaching centres was ordered. They stated that the basement use was permitted solely for storage, following fire safety clearance.
The court directed the Central Vigilance Commission (CVC) to nominate a senior officer to supervise the CBI probe and ensure a timely investigation. Additionally, the MCD Commissioner was instructed to ensure the functionality of the drains and systematically increase their capacity if required. The court also ordered the immediate removal of encroachments and illegal constructions, including those on stormwater drains, Bar and Bench reported.
Highlighting broader issues, the court noted the fundamental problems with Delhi’s physical, financial, and administrative infrastructure. It observed that the infrastructure, including drains laid nearly 75 years ago, is inadequate and poorly maintained, Live Law reported. The court referenced its April 8 directive that a single agency should oversee stormwater drains to resolve issues more efficiently and ordered a third-party audit.
The court criticised the multiplicity of authorities in Delhi, accusing them of passing the buck and blaming each other. It pointed out the lack of structural reforms to address unauthorised constructions and noted the difficulty in getting new projects sanctioned within the Government of the National Capital Territory of Delhi (GNCTD) due to the absence of cabinet meetings.
The court stressed the need for a robust financial and administrative infrastructure to support Delhi’s population, which exceeds three crores. It highlighted that various subsidy schemes are driving migration and population growth, exacerbating the city’s financial woes. The court also recorded that the MCD had failed to pay its employees’ salaries for months, which were only disbursed after a contempt threat by the court
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