Delhi court reserves order on cognizance of charge sheet filed against 6 accused in Rau's IAS study circle case

New Delhi [India], October 29 : The Rouse Avenue court on Tuesday reserved an order on 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 a coaching centre in old Rajender Nagar.
Additional Chief Judicial Magistrate (ACJM) Nishant Garg listed the matter on November 14 for order cognizance of the charge sheet.
The CBI has filed a charge sheet against CEO Abhishek Gupta, Deshpal Singh and four co-owners Sarabjit Singh, Parvinder Singh, Tejinder Singh, and Harvinder Singh.
They have been chargesheeted under sections related to criminal conspiracy and culpable homicide not amounting to murder.
During the hearing, Advocate Abhijit Anand counsel for the father of Navin Delvin submitted that the CBI has not investigated the aspects of corruption related to the present accused or any public servants. Therefore the charge sheet is incomplete and the court cannot accept it.
He further argued that if the investigation is still open, it means that the charge sheet is not completed. "Therefore Cognizance can't be taken of. It should be returned by the court."
He also argued that as per court observation, there was illegality in obtaining the fire NOC.
On the other hand, the Senior public prosecutor for CBI had 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."
The CBI had submitted that, as per the occupancy certificate issued 09.08.2021. "The basement was not for commercial purposes. Can be used for store and parking purposes."
"The four accused on 28. 12. 21 became the owner of this basement. Prior Neelam Rani was the owner and she applied for the Occupancy Certificate", it added.
The CBI Prosecutor had said that The accused had complete knowledge that commercial activities could not be carried out from the basement.
He had also said that "one month prior Kishor Kushwaha, a native and student, could be flooded and anything could happen. He also gave two reminders. He sent a complaint to MCD."
"If a student had a knowledge, Then they were also aware. Therefore they were charge-sheeted under culpable homicide not amounting to murder," the CBI said.
CBI said that the accused Deshpal was an employee for 25 years. He was aware that what happened every year. "Still, a library was running in the basement. Basement was not permitted for commercial purposes."
The agency said that the Owners had given permission to Tennants to use the basement for commercial purposes/coaching centres. "It was rented out for Rs 4-4.5 lakh per month."
"Deshpal was looking after the management. Still, he did not make any emergency exit from the basement," he had added. He had further argued that no emergency fire exit was also not there and no fire marshal was there.
The CBI had said that there were 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 was evidence. Electricity connection was taken for commercial purposes," it added.
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 BNS.
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, the Delhi High Court transferred the investigation to the Central Bureau of Investigation.
Earlier, Delhi's Tis Hazari Court on August 1 had granted bail to Manuj Kathuria. He was the driver of the SUV. The vehicle has also been released to Manuj Kathuria after the 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.