New Delhi [India], March 31 : The Rouse Court has recently allowed the de-sealing of three floors of the building in the basement of which the drowning incident occurred and three UPSC aspirants of RAU's IAS Study circle drowned in July 2024.
Principal District and Sessions Judge (PDSJ) Anju Bajaj Chandna allowed the petitions filed by Gurpreet Singh (Owner of second floor) and Rishi Khanna (owner of ground and first floor).
"I do not find any legal provision which allows the CBI to take control of the property indefinitely, particularly when the same is not involved in the crime in question," PDSJ Anju Bajaj Chandna said in the order passed on March 26.
The Judge held, " In my opinion, revisionists should be allowed to deal with his property and same be released to him."
"Accordingly, the second floor of the property no. BP-11, Bazar Marg, Old Rajender Nagar, New Delhi be released in favour of the petitioner," the court ordered.
The court also made it clear that this order would not prevent the civic authorities to take any action against the building in question in case of violation of rules, regulations or bye-laws.
The counsel for the father of one of the deceased opposed the application and submitted that the building was constructed without a building sanction plan.
The District judge said, "I am of the opinion that it is for the concerned authorities to take action against the owners of the building in case of any violation."
"CBI has no right to keep the property sealed as also authorities concerned are free
to take action against the building in question as per rules. The second floor of the premises is not the crime scene as the incident had happened in the basement," the court said.
In these circumstances, it would be unjust to deny the revisionist his right and privilege to enjoy his property in question. The tenant has already given notice to vacate the premises, and even the eviction/termination notice has also been sent to the tenant, the court held.
The court made a similar observation in another case related to the ground and first floor of the building.
On the merits of the case, the court noted that the petitioner is not an accused in the case as also the ground floor and first floor of the premises are not the crime scenes. Incident had happened in the basement of the building. The investigation of the case is complete and ground floor and first floor of the premises cannot be a matter of further investigation.
The petitioners had challenged the trial court order December 17, 2024 wherein their prayers to de-seal their floors and free ingress and outgress were rejected.
The CBI registered a case on account of the unfortunate incident, which happened in the basement of said premises where three innocent students lost their lives due to flooding. Initially, FIR was registered at PS Rajender Nagar, and later, by orders of the High Court on August 02, 2024, the investigation was transferred to the Central Bureau of Investigation.
The building was given on rent by the owners to "M/s Rau's IAS Study Circle", which was being used as a coaching centre. Allegedly, the basement of the building was allegedly being used in contravention and violation of rules and regulations which resulted in the unfortunate incident.