The four co-owners of a basement coaching center in Old Rajinder Nagar have approached the Delhi High Court for bail after their earlier request was denied by the trial court.
On Friday, the trial court refused bail to the co-owners, who are linked to the tragic incident on July 27, 2024, where three IAS aspirants drowned. The court emphasized that the co-owners were liable due to their illegal act of permitting the basement to be used as a coaching center.
In their new bail plea to the Delhi High Court, the co-owners argued that the trial court overlooked key facts, such as their names not being mentioned in the FIR. They also pointed out that they voluntarily reported to the police and cooperated with the investigation, even though they weren’t summoned by the investigating officer.
Their plea further argued that the trial court ignored the legal principle that vicarious liability, which holds one person responsible for the actions of another, does not apply in criminal law. The plea stated, “Strict criminal liability pertains only to the person who directly commits the criminal act,” asserting that this does not apply to them.
In their earlier bail application, the co-owners claimed that the tragic event was caused by heavy rain, which they described as an “act of God.” They also blamed the civic agency for the poor maintenance of the area’s sewer system.
The Central Bureau of Investigation (CBI), which is handling the case, told the trial court that the basement was designated for storage, not for educational purposes. The CBI argued that the co-owners were aware of the risks involved in running a coaching center in that space.
The court also considered testimony from a Karol Bagh resident who had previously raised concerns about Rau’s IAS Academy operating in the basement without permission. This resident had warned of a potential accident just a month before the tragic incident.
The court concluded that the co-owners were aware of the dangers involved in allowing the illegal use of the basement and that this illegal activity was directly linked to the unfortunate deaths.
