No official questioned, MCD files unseized: Why HC handed over coaching centre probe to CBI

The Delhi High Court has handed over the probe into the death of three IAS aspirants in an illegal basement library to the CBI from the Delhi police, and said the Central Vigilance Commission would supervise it.

There were several reasons behind this decision by a bench of acting chief justice Manmohan and justice Tushar Rao Gedela.

It was the second time in the last three days that Delhi police had a forgetful outing in the court. Justice Manmohan came down heavily on Dwarka DCP M Harshvardhan who was present in the hearing, and police counsel Sanjay Jain.

“Mercifully, you (Delhi police) have not challaned the water. You would have said how dare water enter the basement. You would have fined the water the way you have caught hold of the (SUV) driver,” remarked Justice Manmohan, adding that innocent people had been booked.

Justice Manmohan’s oral remarks had also hinted at dissatisfaction over the police probe. 

The judge was surprised that the police were yet to interrogate any official from the Municipal Corporation of Delhi; yet to seize the files related to construction plan of the Rau’s IAS building and desilting; and verify claims made by the Delhi Fire Services that the basement was used as a study hall until July 1 when the fire no-objection certificate was issued.

MCD files and officials

The court wanted to know if the Delhi police had MCD files related to desilting in Old Rajendra Nagar area and the construction plan of the coaching institute. To this, Delhi police replied saying they had issued a notice to the MCD.

Justice Manmohan was livid with the response, and said the police should have first seized the MCD files before they were tampered with. 

“Go to their office and seize the file. This is the first thing that you (Delhi police) should have done. You have not seized the file, god knows what’s going to be interpolated tomorrow. Are you the police force or some… I am sorry to say but you are an experienced person. The first thing you will do is seize the file. And you have not done that till now… There is a lot of faith and confidence involved in the police in this matter,” the judge told DCP Harshvardhan and Jain.

The bench then asked the police if they had interrogated the official who sanctioned the building plan.

To this, Jain replied: “First we asked the owners (for the plan). If they say they don’t have it, we have to ask the MCD. From MCD, we have asked for all the relevant documents.”

Justice Manmohan shot back: “After all, You are the police. You will get the response immediately. You are not an ordinary citizen who has to wait or apply (for information) under RTI. You will go (to MCD) and seize file from there. What’s the problem? You don’t know how to seize a file from the MCD office?... Should you be told how to seize the file? Why are you asking us to say all of this? You are not novice. Your officers must have handled hundreds of investigations. They are trained for this. Do you think a criminal will come to you and confess that he has committed a crime?”

Jain in his submission informed the court that Delhi police was leaving no stone unturned and probing all angles.

On the fire NOC issued by the Delhi Fire Services to the coaching institute on July 1, the judges wanted to know what changed between the fire permit date and July 26. The DFS informed the court that as of July 1, the basement was used for storage. DCP Harshvardhan said DFS was evasive in their response as to what changed between July 1 and 26.

MCD commissioner Ashwani Kumar informed the court that the stormwater drain at Old Rajinder Nagar was dysfunctional for some years now. But when the court asked Delhi police if it was aware of this, the response was negative. This further led to judges questioning the probe.

Justice Manmohan also observed that MCD officials believed that they were above the law. “You (MCD) have to bring enforceability in your department. There is no respect for the law in your department. It’s gone too far. People have been protected. No one is under cloud or he does not feel that law can do anything to him. They all are beyond the law. This cannot happen… Public authorities are dysfunctional today.”

In addition, the court formed a committee – led by the chief secretary – to revamp Delhi’s administrative, physical and financial infrastructure. Subsidies had contributed to the population growth of Delhi, it noted. “With the population hovering in excess of 3 crore, Delhi needs robust infrastructure with huge financial outlay. Due to various subsidy schemes, the migration in Delhi is only increasing and its population is also increasing. The financial health of civic agencies like MCD is not healthy,” read the order.

The court was hearing the petition filed by NGO Kutumb, represented by advocate Rudra Vikram Singh, seeking a high-level committee to probe the incident.

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