The court said it is transferring the case to the CBI so that the public does not doubt the probe and cited the seriousness of the incidents and the potential involvement of corruption by public servants as reasons for this decision.
“Having regard to the nature of incident and to ensure that public has no doubt with regards to investigation, this court transfers investigation to CBI,” the bench said.
Delhi High Court also directed the Central Vigilance Commission to nominate a senior officer to oversee the CBI probe into the case.
During the hearing, the court castigated police and MCD over saying it was unable to fathom how the students could not come out. The bench asked why MCD officials did not inform the commissioner about non-functioning storm water drains in the area.
A bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said MCD officials are not bothered and it has become a norm.
The court took a jibe on the police and said, “Mercifully, you have not challaned rainwater for entering into basement, the way you arrested the SUV driver for driving his car there.”
‘No respect for law in MCD’
During the hearing, a petitioner’s counsel alleged that the Delhi Police may be complicit in the situation, highlighting a police chowki’s involvement in the incident. The MCD lawyer stated that action has been taken against everyone except Rau Coaching Centre, as it is considered a case property.
The court asked the MCD commissioner, emphasising that the city’s hopes rest on their actions. The court inquired whether desilting had been performed. Additionally, the court asked the DCP if the investigating officer (IO) had collected maps of the area’s robust water drains.
The DCP responded that a notice had been issued to MCD officials regarding the matter.
The court was informed that the drainage system was nearly nonexistent in the area where the incident occurred, with roads functioning as makeshift drains. The high court expressed that it would be a grave injustice to punish the innocent while letting the actual culprits go free.
The court also directed the Delhi Police to provide a clear account of the facts, stating that failing to do so would be unacceptable and likening it to a “brothers club” approach.
The high court criticised public authorities for their lack of effectiveness, stating, “The public authorities aren’t working these days.” The court emphasised that no one is above the law, asserting that even those in positions of power must be held accountable. The high court also asked the Delhi Police to conduct the investigation in a scientific manner and advised them not to succumb to any external pressures.