The Delhi High Court has recently instructed the Central Bureau of Investigation (CBI) to appoint a senior officer to monitor the investigation into the tragic deaths of three civil services aspirants who drowned during flooding at an IAS coaching center in Rajendra Nagar, Delhi, in July. The order was issued while dismissing a petition filed by the father of one of the victims, who had challenged the trial court’s refusal to replace the Investigating Officer (IO) due to perceived deficiencies in the ongoing investigation.
Justice Dinesh Kumar Sharma, while disposing of the petition, directed the CBI Director to ensure that a senior officer regularly supervises the investigation, given the concerns raised by the petitioner. The father of the deceased had previously expressed dissatisfaction with the investigation’s progress, particularly since the basement of RAU’s IAS Study center flooded during heavy rains, leading to the drowning of his child and two others.
The Court noted that the CBI had already filed a chargesheet and that further investigations were being conducted under the supervision of the Chief Vigilance Commission (CVC). While acknowledging the petitioner’s right to a fair investigation, the Court emphasized that the manner of conducting the investigation is within the prerogative of the investigation agency and should not be interfered with at this stage. It also highlighted that raising questions during the ongoing investigation could hinder its progress.
Although the Court declined the father’s request for a change in the IO, it instructed the CBI to address his concerns and allowed him to raise these issues directly with the current IO. The Court also expressed confidence that the CBI would uphold the petitioner’s trust and faith in the investigation.
Additionally, the Court addressed the Magistrate’s findings that the Court cannot monitor a CBI investigation. The High Court disagreed with this view, stating that while a Magistrate cannot direct the CBI to register an FIR, once the investigation is underway, the Court can monitor it by established legal principles. The Court reaffirmed that this power lies with the concerned Magistrate, ensuring legal oversight in such cases.
In its decision, the Court also pointed out that the CBI should continue to follow legal protocols, including addressing the concerns raised by the petitioner. The High Court’s order reflects its commitment to ensuring a transparent and accountable investigation process.
The petitioner was represented by advocates Abhijit Anand and Prachi Mittal, while the CBI was represented by Special Public Prosecutor Rajesh Kumar, alongside advocates Mohd Changez Ali Khan and Mishika.