The Delhi High Court on Tuesday has ordered the Central Bureau of Investigation to respond to a request from Dalvin Suresh, father of a deceased UPSC aspirant, concerning the investigation into the drowning incident at RAU’s IAS Study Circle.
Justice Dinesh Kumar Sharma has scheduled the next hearing for November 27, but declined to pause the investigation.
Background Of The Case
Dalvin Suresh is challenging a recent trial court decision that rejected his plea for a change in the investigation officer assigned to the case. His son, Nevin Dalvin, tragically drowned in the basement of the coaching institute, prompting concerns over the facility’s safety regulations.
On September 20, the Rouse Avenue court dismissed Suresh’s application, which sought to appoint an officer of at least Inspector General rank, oversee the investigation, and ensure accountability among officials from the Municipal Corporation of Delhi, Delhi Fire Services, and Delhi Police.
Court’s Ruling
ACJM Nishant Garg emphasized that the court lacked jurisdiction under Section 156(3) of the Criminal Procedure Code to order changes in the investigation or arrest individuals involved.
He noted that the High Court had previously directed the CBI to handle the investigation, with oversight from the Chief Central Vigilance Commissioner (CVC) to ensure timely progress.
The court pointed out that the investigation is actively monitored by the CVC, dismissing the application on these grounds.
Allegations Against Authorities
In his application, Suresh’s lawyer, Abhijit Anand, alleged that the basement library at RAU’s IAS Study Circle was operating illegally, violating Delhi’s Master Plan and lacking necessary safety certifications.
He argued that the premises had not been adequately inspected, and officials had ignored complaints regarding illegal activities.
Despite a fire No Objection Certificate (NOC) issued recently, Anand claimed that the illegal library had not been addressed by the relevant authorities, highlighting systemic negligence.
Ongoing Investigation
The CBI took over the investigation from the Delhi Police on August 2, 2024, following the High Court’s order. Anand expressed concerns that the investigation is biased and that no public officials from MCD or Delhi Fire Services have been questioned. He criticized the investigation’s pace and the IO’s apparent attempt to shield senior officials who may be implicated in the case.
In response, the CBI’s senior public prosecutor argued that the application lacked legal basis and reiterated that the investigation’s course is determined by the IO, who is already under CVC oversight.
The court’s refusal to grant Suresh’s request underscores the challenges faced by families seeking accountability in such tragic incidents, while the CBI continues its investigation amid scrutiny.
