Entire setup of Delhi needs relook: Delhi High Court sends probe into UPSC aspirants' deaths to CBI

The Delhi High Court on Friday ordered the Central Bureau of Investigation (CBI) to take over the probe into the death of three civil services aspirants who drowned due to flooding of their IAS coaching centre in Delhi's Rajendra Nagar. .A Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela ordered that the probe be transferred from the Delhi Police to CBI after noting that no concrete action has been taken yet against officials of the Municipal Corporation of Delhi (MCD) or other responsible persons. "Having regard to the seriousness of incidents and that it may involve corruption by public servants, this court transfers the investigation to CBI," the Court ordered.The Court also directed the Central Vigilance Commission to supervise the probe and nominate a senior office to oversee the CBI probe. "Since the CVC exercises supervisory power over CBI, CVC is directed to nominate a senior officer to oversee the CBI probe and ensure that the investigation is complete in a time bound manner," the Court directed.The Court also said that there were serious issues plaguing the functioning of the Municipal Corporation of Delhi (MCD) and the Government of National Capital Territory of Delhi (GNCTD) and said that the entire system would need a relook.In this regard, the Court noted that a cabinet meeting of the Delhi government was last held many months ago.Even for the GNCTD to get a new project sanctioned is not easy because no cabinet meeting has been held for months. There is no certainty when the next cabinet meeting will be held.This is exacerbating crisis situations in Delhi, the Court noted."Keeping in view the aforesaid there is no wonder Delhi is going from one crisis to another. One day there is a drought and the next day there is a flood. It is time that administrative, financial and physical infra of Delhi is relooked at," the order of the Court said.Hence, it ordered the constitution of a committee headed by the Delhi Chief Secretary to examine the financial and administrative set up of Delhi and submit a report."The Committee will have Delhi Chief Secretary, DDA VC, Delhi Police Commissioner. The Committee is directed to submit its report within eight weeks," the Court ordered..BackgroundThe Court was hearing a public interest litigation (PIL) petition filed by an organisation named Kutumb seeking a "high-level" probe into the three deaths.Three civil services aspirants lost their lives in the basement of a building in Rajendra Nagar which housed a branch of Rau's IAS Study Circle, a prominent coaching institute for civil service aspirants.The institute's library in the basement was flooded following heavy rains and three of them could not make it out of the basement on time.The three aspirants who died in the incident were identified as Tania Soni (25), Shreya Yadav (25) and Navin Delvin (28)..Hearing today.The Court today persistently questioned the Delhi police on how the students were trapped inside the basement and could not make it out."It would have taken a few minutes to flood the basement. What is the reason they couldn't come out," the ACJ asked. "The investigation is going on. We would show it to my lords on the paper," the Delhi Police counsel said. The Court also asked how the premises got a safety certificate."Yes. Show us. We were also told that the premises was inspected and a safety certificate was being issued. On July 1 it was said that it is storage then suddenly it turned into a library. Has the police done the investigation? How it happened. We are not able to fathom this," the Bench demanded.The Court further asked how the scenario changed if everything in the basement was fine up until July 1. "The reply of the Delhi Fire Service is evasive. They are limiting themselves to saying that fire fighting equipment was there. We will proceed against them sir," the Delhi Police Commissioner (DCP) said. The Court also highlighted how illegal constructions were coming up rampantly in the heart of Delhi and court orders against such buildings were not being implemented."Buildings in the heart Delhi are coming up as encroachments. In the heart of Delhi, these things are happening. When we order demolition, you puncture the roof. The puncture is the size of a football," the ACJ said.The Court further said that the Delhi Police was yet to even summon the MCD officials but instead arrested the driver of a passing vehicle. "You do not even have the audacity to call the MCD officials. Mercifully, you have not challaned the water and asked the water how it entered the basement. You arrested a driver. The MCD officers are responsible to desilt. If he does not do that, he must understand that this is criminal negligence," the Bench minced no words..The Bench also took objection to how a passerby car driver who prima facie did not have any contribution to the flooding or the deaths, was arrested."How a person who was passing on the road arrested? This is not fair. The maximum someone deserves in this situation is an apology. Police is respected when you arrest the culprit and leave the innocent. If you arrest the innocent and leave the guilty, it would be very sad," ACJ Manmohan said."We apologise if that is the impression going. This impression is because of the press reports," the counsel for Delhi Police said.The Court urged the Police to do the investigation in a scientific manner. "I have to tell the plain truth. Please do the investigation in scientific manner, don't come under any stress. You have to deal with the situation. Do the investigation in a scientific manner," the ACJ remarked.The Court also slammed the MCD officials for their failure to desilt the drains."The MCD officers are responsible to desilt. If he does not do that, he must understand that this is criminal negligence. Water will enter your house and mine. The problem today in Delhi is that even Yamuna is encroached. The mindset even among citizens of Delhi is that Yamuna will flow, no matter if it is encroached or not," the Bench remarked. The Court asked whether even a single MCD official has been summoned by the police."Name one MCD official you have called. You have not called even a minion. I am sorry to say, you have missed valuable time. God knows what is happening to those files," the Court stated.The Bench also said that there was chaos in MCD Standing Committee and cabinet meeting of Delhi government has not happened in 5 to 6 months. "There is chaos in MCD Standing Committee. The other day we were hearing a matter, we were informed this thing can only happen after a cabinet meeting. But the cabinet meeting has not happened for five or six months," the Court remarked.Hence, the Court called for a relook at the functioning of the Delhi government."We think it is time to relook at everything. The MCD Act and how MCD functions. How the GNCTD functions. We will send it to some authority which will re-examine everything. There is a larger malaise here. We will send this probe to the CBI and ask the CVC to monitor it. We will also say that there is some problem in the functioning of GNCTD and this whole setup needs a relook," ACJ Manmohan said.