HC dismisses plea to restrain CBI from filing charge sheet in coaching centre deaths case
New Delhi, Sep 24 (PTI) The Delhi High Court on Tuesday dismissed a plea that sought to restrain the CBI from filing charge sheet in connection with the drowning of three civil services aspirants due to flooding of a coaching centre’s basement in Old Rajinder Nagar here.
The high court said there is no law where the court can either direct the probe agency to file a charge sheet or impose a stay on filing of the charge sheet.
The court dismissed the application filed by the father of a civil services aspirant who died in July.
“I consider that the request being made by the petitioner’s counsel is beyond the law. The CBI is in the process of conducting the investigation. There is no law where the court can either direct to file the charge sheet or can impose a stay on filing of the charge sheet.
“The prayer being made by the petitioner is beyond the law and hence the application is dismissed. There is no jurisdiction with the court to stay the filing of charge sheet,” Justice Dinesh Kumar Sharma said.
The counsel for petitioner J Dalvin Suresh, father of Nevin Dalvin, submitted that since the investigating officer of the case was not conducting the investigation in terms of the orders of this court and the division bench, therefore, the CBI may be restrained from filing the charge sheet.
The high court also issued notice to the CBI on the main petition of Suresh challenging a trial court’s September 20 order dismissing his plea for changing the IO of the case.
The court asked the CBI to file its reply to the petition and listed the matter for further hearing on November 27.
The petitioner also sought for proper investigation by a CBI official not below the rank of Inspector General, for monitoring the probe by the trial court and to interrogate and take action against officials of MCD, Delhi Fire Services and Delhi Police.
Three civil service aspirants — Shreya Yadav (25) from Uttar Pradesh, Tanya Soni (25) from Telangana and Nevin Delvin (24) from Kerala — died after the basement of the building housing Rau’s IAS Study Circle was flooded following heavy rain in central Delhi’s Old Rajinder Nagar on July 27.
The high court, on August 2, had transferred the probe into the drowning incident from Delhi Police to CBI to ensure that the public has no doubt over the investigation.
On September 13, the high court had granted interim bail to four co-owners of the basement of the building in Old Rajinder Nagar where Rau’s IAS Study Circle coaching centre was being operated.
On September 23, a trial court also granted interim bail to the coaching centre’s CEO Abhishek Gupta and its coordinator Deshpal Singh in the criminal case.