Court to decide on August 28 if Rau's IAS Study Circle can access premises

A Delhi court will decide next week whether to allow Rau's IAS Study Circle to access the premises of its Old Rajender Nagar building, where three UPSC aspirants died in July after rainwater flooded its basement.

Chief Judicial Magistrate Nishant Garg on Wednesday posted the matter for August 28 after hearing the arguments of the advocates appearing in the case.

In an application, Rau's IAS Study Circle CEO Abhishek Gupta sought the relief, claiming that it was required to ensure the smooth running of classes.

"Arguments on the application have been heard including arguments on behalf of Ld. counsel for the victim. Put up on August 28, 2024 for orders," the judge said.

During the arguments, senior advocate Rebecca John, appearing for Gupta, submitted that access to the building was required so that the students could continue their studies.

She claimed that the Central Bureau of Investigation (CBI) cannot prohibit access to the building.

"They (CBI) can prosecute me (Gupta), but they cannot prohibit me from going inside the building. That is the job of another civic agency. If you (CBI) want the building to be sealed, ask someone else to do it," the counsel said.

The CBI, however, told the court that the basement was supposed to be used for storage and the incident took place because it was being used as a library.

"Such an accident can happen again in the near future," the CBI said, adding that the building has no safety measures.

The advocate appearing for J Dalvil Suresh, the father of Nevin Dalvil, one of the students who drowned in the basement, submitted before the court that the Supreme Court had ruled that no coaching centre could function without safety measures.

The court asked the CBI if it had sealed the upper floors and also pointed out that nowhere had the agency mentioned that the building was illegal.

The CBI said it has not sealed the upper floors.

John claimed that the building complied with all safety norms. "Suppose this was a building where I (Gupta) was staying. Could have I been prevented from going in," the counsel asked, adding that the CBI had not arrested a single government official.

She alleged that the agency was putting "weak people" in jail.

The court, meanwhile, also heard an application moved by Manoj Kathuria seeking release of his SUV from CBI custody.

Police had claimed that Kathuria was driving his SUV through the waterlogged street at a high speed, which created a wave that broke the coaching centre's gate and rainwater entered the basement, leading to the deaths of the three students.

The court pulled up the CBI for not releasing the car. "What benefit will you get by keeping the vehicle with you? Why do you wish to keep it? You can inspect it even when you don't seize it," the court said on Wednesday.

The CBI told the court that a team of experts from IIT-Delhi had been engaged to obtain an opinion if the wave created by the vehicle could impact the main gate that its rails would fall.

The court directed the investigating officer to inform it by August 28 about the specific proceedings required to be carried out by the team of experts.

The CBI also told the court that it had preserved the digital video recorder of Rau's IAS Study Circle and the CCTV footage of Chahal Academy located in front of the coaching centre.

The court, meanwhile, also allowed an application moved by Gupta requesting the release of six vehicles parked at the stilt level of the building, after CBI said it had no objection to the removal of the vehicles.