CBI to probe UPSC aspirants’ death, HC flags Delhi’s ’outdated’ infrastructure: 8 key takeaways

The Delhi High Court on Friday transferred the probe into the death of three UPSC aspirants at a Delhi coaching centre to the Central Bureau of Investigation (CBI). Three civil service aspirants lost their lives after drowning in the basement of Rau’s IAS Circle coaching centre located in Delhi's Old Rajinder Nagar area last Saturday.

In its order on Friday, the high court ordered the CBI to take over the probe into the coaching centre deaths from the Delhi Police. It also flagged "problems with the MCD [Municipal Corporation of Delhi]" and Delhi's physical and administrative infrastructure.

The deaths happened when the basement of the coaching centre flooded following heavy rainfall in the region. Poor drainage system and “illegal” use of the basement were said to be the core reason behind the incident.

The Delhi High Court was hearing a public interest litigation (PIL) petition filed by an organisation named Kutumb seeking a "high-level" probe into the three deaths. 

Here's what the Delhi High Court said in its order on Friday:

1. Delhi infrastructure ‘outdated’: The high court said Delhi needs a modern and more robust financial and administrative infrastructure. It observed, "There is a fundamental problem in the city of Delhi that is physical, financial and administrative infrastructure are all outdated and not in accordance with the requirements of the present day."

“Whole Delhi infrastructure, physical and administrative, needs a relook,” the court added. As per Live Law, the court noted, “Physical infrastructure in Delhi like drains were laid nearly 75 years ago. The physical infrastructure to say the least is inadequate and poorly maintained…”

"With population in excess of 3 crore, Delhi needs a more robust financial and administrative infrastructure. Due to various subsidy schemes, migration in Delhi is only increasing and its population is also increasing. The financial health of MCD is not healthy," Bar and Bench reported, citing the high court's order on Friday.

The court further highlighted that "Delhi is going from one crisis to another". It was quoted by Live Law as saying, "One day there is problem of draught, other day it is flood. If the water in monsoon had been properly stored, there would be no issue of draught next year. It is time that the administrative, physical and financial infrastructure of Delhi is relooked at."

2. 'No funds to civic agencies': The court also flagged the MCD's poor financial condition. "This court would not be wrong in concluding that civic agencies in Delhi have no funds to carry out major infrastructure...Due to various subsidy schemes, the migration in Delhi is only increasing, and its population is also increasing. The financial health of civic agencies like MCD, if not precarious, is not healthy," it said.

3. 'Chaos in MCD Standing Committee': The high court said there's no standing committee and that "the cabinet meeting has not happened for five or six months." It said in its order, "No contract of more than ₹5 crore can be awarded by MCD Commissioner because there is no Standing Committee... Even for the GNCTD, getting a new project sanctioned is not easy because no cabinet meeting has been held for months." It added, "There is no certainty when the next cabinet meeting will be held."

4. MCD to ensure proper drainage system: The Delhi High Court said that the MCD Commissioner must ensure that the drains are functional, and if their capacity is to be increased, it must be done in a systematic manner.

The order said the MCD Commissioner admitted that the area's stormwater drain is dysfunctional and has been encroached upon by shopkeepers and residents.

"The encroachment as well as illegal constructions in the area including construction on stormwater drains shall be removed forthwith," the court ordered. The MCD also stated that there is a conflict of jurisdiction between DJB and MCD with respect to drains and sewers.

The court told the MCD Commissioner, “You must ensure water has a way to flow. If drainage needs to be revamped, do it this winter. Prepare a plan…There is something fundamentally wrong.” It also pointed at “clear neglect on part of your officials”.

5. CBI probe ordered: The high court transferred the investigation from the Delhi Police to the CBI, keeping in view the "seriousness of incidents and that it may involve corruption by public servants". It also directed the Central Vigilance Commission (CVC) to nominate a senior officer to oversee the CBI probe and ensure that the investigation is complete in a time-bound manner.

The court transferred the case to the CBI, noting that "the files of the MCD had not been seized and none of the MCD officials had been personally interrogated" by the police.

“The fact that statements of MCD officials are not recorded seems to be very glaring at first blush. Three people have lost their lives. And it's becoming a norm, MCD officials are not working,” the high court said while upbraiding the Delhi Police.

6. New Committee formed: The court also directed the constitution of a Committee. The Committee will have the Delhi Chief Secretary, DDA VC, and Delhi Police Commissioner. The Committee was directed to submit its report within eight weeks.

7. 'Too many authorities but no accountability': During the hearing of the case, the court observed that "there are too many authorities and no accountability". It said, “Administratively, Delhi has multiplicity of authorities who are only passing the buck and blaming each other.”

"We think the entire set up of Delhi needs a re-examination. The Delhi government, the MCD, the DDA, everything. Who can be the authority to do this?" the court said. It later said, “I think it should be MHA.”

“There has to be some accountability. The problem is some organisations have gone beyond the law...,” the court said.

8. 'Tragedies bound to happen, we have to be ready': The court said, “We will have these tragedies every year. Someday it will be close to my house, your house. It is bound to happen. We have to be ready for that then. Water won't spare anyone. It doesn't know anyone's address. You have to allow nature to function, storm water drains to function.”

(With inputs from Bar and Bench, and Live Law)