New Delhi: The Rouse Avenue court on Tuesday listed the matter for further consideration/Cognizance of the charge sheet filed by the CBI against six accused in the case of drowning of three UPSC aspirants in the basement of the coaching center in old Rajeneder Nagar.
Additional Chief Judicial Magistrate (ACJM) Nishant Garg listed the matter on October 29 for further consideration/ Cognizance of the charge sheet.
The CBI has filed a charge sheet against CEO Abhishek Gupta, Deshpal Singh, 4 co-owners Sarabjit Singh, Parvinder Singh, Tejinder Singh and Harvinder Singh.
Criminal conspiracy
They have been charge-sheeted under sections related to criminal conspiracy and culpable homicide not amounting to murder.
During the hearing, Advocate Abhijit Anand counsel for father of Navin Delvin submitted that the CBI has not investigated the aspects of corruption related to present accused or any public servants. Therefore the charge sheet is incomplete and the court cannot accept it.
He further argued that the sanction-building plan is not in the charge sheet. The CBI has also not interrogated the other partners of RAU's IAS Study Circle namely wife of Abhishek Gupta and his father-in-law. He also argued that as per court observation, there was illegality in obtaining the fire NOC.
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Corruption allegations
Senior public prosecutor for CBI submitted that the investigation regarding corruption allegations is open. If anything comes in on this aspect we will investigate it. The CBI said that there is sufficient material against the accused. Two sets of accused owners and tenants. The CBI on court query submitted that lease agreement was signed by Abhishek Gupta.
As per occupancy certificate issued on August 9, 2021, the basement was not for commercial purposes. Can be used for store and parking purposes. The accused on December 28, 2021, became owner of this basement. Prior Neelam Rani was owner and she applied for the Occupancy Certificate.
The CBI prosecutor said that the accused have complete knowledge that commercial activities can not be carried out from the basement. One month prior to the incident Kishore Kushwaha, a native and student filed a complaint with the MCD that the basement could be flooded.
CBI said that accused Deshpal was an employee for 25 years. He was aware of what happened every year. Still, a library was running in the basement.
Basement not permitted
Basement was not permitted for commercial purposes. The agency said that the Owners had given permission to tenants to use the basement for commercial purposes/coaching center. It was rented out for Rs 4-4.5 lakh per month.
Advocate Abhijit Anand said that the basement cannot be used for any commercial purpose. Deshpal was looking after the management. Still, he did not make any emergency exit from the basement, he added. He further argued that no emergency fire exit was there.
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The CBI said that there are 12 AC and 19 fans in the basement. It shows that it was being used for commercial purposes. There was sufficient knowledge that anything could happen, there was Illegal use and there is evidence. Electricity connection was taken for commercial purposes.
The CBI has already filed a charge sheet against six accused persons including CEO Abhishek Gupta, Deshpal Singh, building owners Parvinder Singh, Tejinder Singh, Harvinder and Sarabjit Singh. SUV's driver Manuj Kathuria has not been named in the Charge sheet.
These accused have been charge sheeted under sections related to criminal Conspiracy and culpable homicide not amounting to murder under Bharatiya Nyaya Sanhita. On September 23, The Rouse Avenue court granted interim bail to CEO Abhisek Gupta and Coordinator Deshpal Singh. Earlier, the Delhi High Court had granted interim bail to 4 co-owners Sarabjit Singh, Tejinder Singh, Harvinder Singh and Parvinder Singh.
On August 2, Delhi High Court transferred the investigation to the Central Bureau of Investigation. Earlier on August 1, Delhi's Tis Hazari Court had granted bail to Manuj Kathuria. He was the driver of the SUV. The vehicle has also been released to Manuj Kathuria after court's September 4 order.
This case pertains to the death of three UPSC Aspirants by drowning after flooding of basement of RAU's IAS Study Circle in Old Rajender Nagar on July 26. (with Agency inputs)
