New Delhi: The Delhi High Court has asked the Central Bureau of Investigation (CBI), which is investigating the drowning of three civil services aspirants in the basement of a coaching centre in Old Rajinder Nagar in July this year, to appoint a senior officer to monitor the investigation into the case.
Justice Dinesh Kumar Sharma requested the CBI director to appoint a senior officer to have regular monitoring of the investigation being conducted by the CBI while disposing of a petition filed by the father of one of the victims.
Father of one of the victims sought change of IO
J Dalvin Suresh, the father of one of the three victims, had moved the High Court challenging a trial court order rejecting his application for the change of the investigation officer of the case for proper investigation by CBI and appointing an officer not below the rank of inspector general.
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Court hopes and trusts that CBI will keep faith of petitioner: High Court
“This court hopes and trusts that CBI will keep the faith of the petitioner. The court is conscious of the fact that the complainant or the petitioner in the present case may have some genuine concerns. In order to balance the rights, Director CBI is requested to appoint a senior officer to have regular monitoring of the investigation being conducted by the CBI. I consider that no further directions are required to be passed in the present petition,” Justice Sharma said in an order passed on November 27.
Why was petitioner aggrieved?
The petitioner was aggrieved of the manner in which the investigation is being conducted by the CBI and submitted that the IO in the case has not conducted free and fair investigation, which is fundamental right of the petitioner. The counsel representing the petitioner, while pointing out various deficiencies in the investigation, submitted that the directions of the division Bench of the High Court had not been followed and even the building site plan has not been seized, nor has the CCTV footage been seized. Learned counsel has also invited the attention of various deficiencies in the investigation.
What did CBI submit?
The counsel representing the CBI submitted that though the charge sheet has been filed against six accused persons, further investigation of this case has been kept open on the aspect of criminal negligence, dereliction of duties and corrupt practices indulged into by the public servants of Municipal Corporation of Delhi (MCD), Delhi Fire Service (DFS) and other concerned departments and other related aspects. The counsel specifically stated that the investigation was done in a free and fair manner by following due process of law and the investigation is already being monitored by the Secretary, CVC, pursuant to the directions of the division bench of the High Court.
Petitioner cannot be made privy to integrities of investigation being conducted: High Court
The High Court said that the perusal of the reply filed by the CBI explicitly makes it clear that though the chargesheet has been filed, further investigation is being conducted, and this is being monitored by the CVC.
“The CBI, which is the premier investigating agency of this country, has investigated numerous sensitive cases, and experience would tell that the CBI has established system and norm of supervision at every stage. No doubt that the petitioner has a fundamental right to a free and fair investigation, however, at the same time, the petitioner cannot be made privy to the integrities of the investigation being conducted. The manner in which the investigation is to be conducted is the prerogative of the investigation,” the High Court said.
Petitioner has to have faith in the investigating agency: High Court
The High Court further said that rather, in the given case, raising questions and flagging issues while the investigation is in progress may be detrimental to the interest of the issues that are being investigated.
“The issue does not concern to the petitioner only; the issue is the larger issue for this reason, the division bench of this court transferred the investigation to the CBI. The petitioner has to have faith in the investigating agency. However, at the same time, CBI must address the concerns of the petitioner. Petitioner shall be at liberty to give his representation/statement to the IO, highlighting his concerns,” the High Court said while disposing off the petition.
Three civil services aspirants drowned in basement of coaching centre on July 27
Three civil services aspirants – Shreya Yadav, Tanya Soni and Nevin Dalwin – drowned in the basement of Rau’s IAS Study Circle’s basement in Old Rajendra Nagar on July 27 after the basement was flooded following rain in the evening of July 27. The High Court on August 2 transferred the probe of the unfortunate incident from the Delhi Police to the CBI.
