UPSC aspirant drowning case: Delhi HC seeks CBI response on plea seeking change of investigation officer

The Delhi High Court on Tuesday directed the CBI to file a reply on the application moved by Dalvin Suresh, father of a deceased UPSC aspirant, to change the Investigation Officer in RAU's IAS Study Circle drowning case.

Justice Dinesh Kumar Sharma issued notice to the CBI and sought a reply. The next date for the hearing is November 27. Meanwhile, the high court has refused to stay the investigation.

The court said that the prayer is beyond the law and the court can't stay the investigation. The petitioner has moved Delhi High court through advocate Abhijit Anand, challenging the trial court order denying the relief sought.

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On September 20, the Rouse Avenue court dismissed the application moved by Dalvin Suresh, father of deceased Nevin Dalvin who died due to drowning in basement of RAU's IAS Study Circle in Old Rajinder Nagar.

He sought an order for change of investigating officer in RAU's IAS Study Circle case, investigation by an officer not below the rank of Inspector General, monitoring of investigation and for direction to the CBI to interrogate and arrest the officials of MCD, Delhi Fire Services, Delhi Police etc.

Additional Chief judicial Magistrate (ACJM) Nishant Garg had dismissed the application after hearing the submissions by the counsel for the applicant and the CBI.

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"Since this court does not exercise powers under Section156(3) CrPC with respect to directing the CBI to register an FIR and conduct investigation into an offence, this court also cannot monitor the investigation, direct change of investigation Officer (IO) or arrest of persons who might be involved in commission of the offence, since such a power is incidental to the power granted under Section 156(3) CrPC.," ACJM Nishant Garg said in the order passed on September 20.

The court said that even otherwise, by way of order of August 2, 2024 of the High Court of Delhi whereby the CBI was directed to investigate the matter, the High Court had specifically directed the Chief Central Vigilance Commissioner (CVC) to nominate a senior officer to oversee the progress of the investigation being conducted by CBI on regular basis and to ensure that it is completed at the earliest.

The court was informed by the Senior Public Prosecutor that the investigation is being monitored by the CVC.

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"In view of the above discussion, the reliefs sought by the applicant cannot be granted. The application is, accordingly dismissed," the court ordered.

Advocate Abhijit Anand moved the application for Dalvin Suresh. It was stated that the library in the basement of the coaching institute RAU's IAS Study Circle had been running illegally in violation of the Master Plan for Delhi 2021 and other rules/bye laws.

It was also stated that the occupancy certificate of the entire premises of RAU's IAS Study Circle was issued in violation of the Unified Building Bye Laws without having a Fire Safety Certificate; no arrangements were made to ensure that the surface drainage does not enter the basement; in spite of a police beat/pink booth of Delhi Police located adjacent to the premises, no steps were taken to stop the illegal activities which show involvement of officials of MCD, Delhi Fire Service as well as Delhi Police.

It was further stated in the application that even when a fire NOC was issued on August 9, 2024 after physical verification of the premises, the existence of illegal library was not noticed by the officials of Delhi Fire Service (DFS) or MCD. Even after a complaint was lodged by a student, Kishore Singh Kushwaha on June 26, 2024, no steps were taken to stop misuse of the premises.

The investigation of the case was transferred to the CBI from Delhi police by the Delhi High Court on August 2, 2024.

The plea stated that it was observed by the High Court of Delhi in the judgment dated August 2, 2024 that flooding in the basement was caused partly due to bursting of sewer pipeline upon which an illegal market and even a police chowki has been constructed. The IO, however, has not tried to ascertain the role of officials of MCD or DFS who was directly or indirectly involved in the tragic death of three students. No offences punishable under the Prevention of Corruption Act has been invoked against any of the accused persons. Hence, the application.

Advocate Abhijit Anand submitted that the applicant is the victim of the offence. The investigation is being carried out in a biased manner as no official of MCD or DFS have been joined in investigation till date.

He also submitted that the investigation till date stands at the point where it was taken over by the CBI from Delhi Police; even though statements of the employees of the coaching institute and that of the applicant are being recorded, not a single statement of any public functionary have been recorded; the offences punishable under the Prevention of Corruption Act have not yet been invoked either against any government officer or private person.

He further submitted that the conduct of the IO shows that he is trying to shield senior officers who might be involved in the case. The investigation is being carried out in a hurry and the IO intends to file the charge-sheet in the next few days without completing the investigation.

The application was opposed by the senior public prosecutor for CBI. He submitted that the application is not maintainable as this court has no power under Section 156(3) CrPC to direct CBI to register an FIR and conduct investigation; the power to monitor the investigation is ancillary to the powers under Section 156(3) CrPC.

On merits of the case, it was submitted by the CBI that it has nowhere been submitted by the investigating agency that the investigation is likely to be complete within the next few days. He also stated that nothing prevents the investigating agency to file the charge-sheet within the time prescribed; the investigation is the prerogative of the IO and no direction can be given to the IO to conduct the investigation in a particular manner.

The investigation is already monitored by CVC, the senior prosecutor added.