UPSC Coaching Centre Deaths: High Court Transfers Probe to CBI, Criticizes Police and MCD
In a significant development following the tragic deaths of three UPSC aspirants, the Delhi High Court on Friday transferred the investigation from the Delhi Police to the Central Bureau of Investigation (CBI). The decision came after the court expressed severe dissatisfaction with the police's handling of the case, which involved the drowning of Tanya Soni, Shreya Yadav, and Nivin Dalwin in the basement of Rau’s IAS Study Circle in Old Rajinder Nagar.
High Court's Scathing Remarks
A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela did not mince words while criticizing the Delhi Police and the Municipal Corporation of Delhi (MCD) for their apparent negligence and ineffective investigation. "Mercifully, you didn’t challan the water, saying ‘how dare you enter the basement’," remarked Acting Chief Justice Manmohan, highlighting the inadequacy of the probes conducted so far.
Incident and Its Implications
The tragic incident occurred on July 27, when heavy rain caused water to flood the basement of the coaching centre, trapping and ultimately drowning the three students inside an underground library. The bench emphasized that the incident was not just an isolated tragedy but indicative of broader issues in civic planning and infrastructure management.
Critique of Civic Planning
The court highlighted the fundamental flaws in Delhi's civic infrastructure, stating, "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." The judges pointed out the criminal negligence attached to the incident, noting that even the Yamuna river is encroached upon, exacerbating flooding problems.
Call for Comprehensive Investigation
The High Court ordered the CBI probe to be supervised by a senior official nominated by the Central Vigilance Commission (CVC) to ensure a thorough and timely investigation. The court's decision to transfer the case to the CBI was driven by the seriousness of the incident, public trust concerns, and potential corruption by public servants.
Immediate Actions Ordered
The court directed the MCD Commissioner to ensure the functionality of storm water drains in the area and address any capacity enhancement requirements systematically. Additionally, illegal and unauthorized constructions in the area are to be removed immediately.
Formation of a Review Committee
Acknowledging the broader issues plaguing Delhi's infrastructure, the court ordered the formation of a committee to re-evaluate the city's administrative, financial, and physical infrastructure. The committee, headed by the Chief Secretary of the Government of the National Capital Territory of Delhi (GNCTD), will include the MCD Commissioner, the Delhi Development Authority Vice Chairman, and the Delhi Police Commissioner. This committee is tasked with submitting a comprehensive report within eight weeks.
MCD's Financial Woes
The bench noted the precarious financial health of the MCD, emphasizing that the agency lacks funds for major infrastructure projects. Observing that recent tragedies have highlighted systemic failures, the court remarked that its past orders had not been implemented effectively.
Admission of Failures
In court, MCD Commissioner Ashwani Kumar admitted that the storm water drains at the site were "dysfunctional," a fact not previously recorded by the police in their investigation. The police further admitted to not seizing relevant records or interrogating any MCD officials regarding the building plans.
Conclusion
The High Court's decision to transfer the probe to the CBI and its scathing criticism of the Delhi Police and MCD underscore the need for accountability and effective governance in Delhi's civic infrastructure. The tragic deaths of the three UPSC aspirants have brought to light the urgent need for systemic reforms to prevent such incidents in the future.
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