Delhi court denies bail to five in Rajendra Nagar students drowning case

A Delhi court on Wednesday denied bail to five people, including the driver of an SUV, arrested in connection with the tragic deaths of three students, who drowned in a waterlogged basement at a coaching centre in Old Rajendra Nagar on July 27. 
 The bail applications were filed by Manuj Kathuria, the SUV driver, and four men—Sarabjeet Singh, Tejinder Singh, Harinder Singh, and Parminder Singh—who reportedly owned the basement. All five were arrested on July 29 and have been charged with culpable homicide not amounting to murder. 
 “Perusal of the CCTV footage of the alleged incident shows that the accused can be seen driving the said vehicle on an already heavily waterlogged road at such a speed causing large displacement of water as a result of which the gate of the alleged premises gave way and the water went into the basement and consequently three innocent lives have been lost in the said incident,” the court said in its order. It also highlighted that CCTV footage showed passersby attempting to warn Kathuria of the dangers ahead, but he ignored their warnings. 
 Kathuria’s bail rejection coincided with a rebuke from the Delhi high court, which criticised the police for arresting Kathuria while failing to investigate Municipal Corporation of Delhi (MCD) officials, whose alleged negligence also contributed to the tragedy. The high court, hearing a petition for a high-level probe into the students’ deaths, described the police investigation as “strange” and “shoddy” and criticised the Delhi government for failing to upgrade the city’s infrastructure, blaming a “freebies culture.” 
 The magistrate also denied bail to the four basement owners, citing that the premises were used for commercial purposes in violation of the completion cum occupancy certificate. 
 “Perusal of the lease deed dated 05.06.2022 executed between the applicants/ accused persons and the alleged coaching institute shows that the leased premises were being used for commercial purposes contrary to the conditions of the completion cum occupancy certificate issued by the North Delhi Municipal Corporation in complete violation of law,” the court said. 
 In dismissing both bail applications, the court emphasised that the investigation is at an early stage and the role of other civic authorities is under scrutiny. Given the seriousness of the allegations, the court held that the accused should not be granted bail. 
The case revolves around the tragic incident on Saturday evening, claiming the lives of Tanya Soni, 21, Shreya Yadav, 25, and Nevin Delvin, 29, who drowned when the basement library of Rau’s IAS Study Circle flooded after heavy localised rainfall, leaving them no chance to escape. 
During the bail hearing, Kathuria’s lawyer, Rakesh Malhotra, argued that his client was falsely implicated, stating that Kathuria had no intention or knowledge that his actions would result in the victims’ deaths. Malhotra argued that the tragedy was due to the inaction of civic authorities and that no liability should be imposed on Kathuria. 
However, additional public prosecutor Atul Srivastava opposed the bail application, asserting that the tragedy was the result of Kathuria’s deliberate actions. Srivastava argued that by driving at high speed through the flooded area, Kathuria caused the water displacement that led to the collapse of the institute’s iron gate, allowing water to rush into the basement. 
Advocates Amit Chaddha and Daksh Gupta, representing the four basement owners, argued that their clients were merely property owners and that the responsibility for maintenance rested with the lessee, Rau’s IAS Study Circle. They contended that no case of culpable homicide not amounting to murder could be made against their clients as there was no intention or knowledge of harm. 
The prosecution argued that the basement was being used for purposes other than those specified in the completion certificate and that the four accused were aware of this violation, contributing to the deaths of the three victims. 
Delhi police arrested Kathuria and the four other accused on Monday and have been remanded to judicial custody until August 12. The police had already arrested Abhishek Gupta, the chief executive officer and owner of the institute, and DP Singh, the coordinator, who are also in judicial custody.