UPSC aspirants case: HC reserves basement owners' bail plea | India News

In their bail application before the Delhi High Court, they said that the court had failed to take into account the fact that the plaintiffs were not named in the FIR. Moreover, the application stressed that the co-owners had voluntarily come forward to the police and cooperated with the investigation, which proved their credibility even though they were not called in by the investigating officer.

In their plea, they further claim that the court overlooked the principle that vicarious liability does not apply in criminal law. Their plea states that strict criminal liability only applies to the person who directly commits the crime, which they argue does not apply to the current applicants.

In their earlier bail application, the defendants argued that the tragic incident was caused by heavy rain, which they described as an “act of God.” They also partially blamed the city government for the area's defective sewage system.

In court, the Central Bureau of Investigation (CBI), which is handling the case, said the basement was intended solely for storage and not for educational purposes. The agency claims that the accused were aware of the risks involved in running a training centre in the space.

The court also considered the testimony of a resident of Karol Bagh, who had earlier raised concerns about Rau's IAS running a classroom in the basement without permission, and had warned of a possible serious accident a month before the incident.

The court found that the defendants were aware that the illegal use of the cellar posed a risk to human life and that this use was directly related to the tragic event.

First published: September 12, 2024 | 2:50 p.m. IS