 "Protest, Students Protest, Coaching Centre Protest")
Additional Chief Judicial Magistrate (ACJM) Nishant Garg dismissed the application moved on behalf of Abhishek Gupta. | Photo: PTI
The Rouse Avenue court on Wednesday denied permission to get access to the Building for conducting classes again.
Abhishek Gupta, CEO of Coaching Center, had sought access to the building where three UPSC aspirants died on July 27 in Old Rajender Nagar.
Additional Chief Judicial Magistrate (ACJM) Nishant Garg dismissed the application moved on behalf of Abhishek Gupta.
“Apparently, the subject premises were being used without a fire safety certificate till 09.07.2024. It is not clear that how occupancy certificate for the building was issued in 2021 without requisite fire safety certificate. It is further also not clear that on what basis the fire safety certificate was issued, without noticing the existence of the liberty in the basement either by the DFS or MCD during the inspection purportedly carried out on 01.07.2024. The role of DFS/MCD is yet to be investigated,” ACJM Nishant Garg observed.
The court held, ” In this circumstances it can not be said that the only the basement in the subject premises is the subject matter of investigation and other floors have no connection with the investigation. The basement cannot be treated as separate unit, while considering the safety of the building.”
” Accordingly, I am of the view that no sufficient ground to grant access to the upper floors of the building is made out. The application accordingly dismissed,” ACJM Garg ordered on August 28.
It was stated that non access to the upper floors is hampering the studies of 1025 students. It was also stated that 558 students were taking online class whereas 551 students were taking classes through hybrid mode. It was also stated that students are continuously inquiring about resumption of classes. 121 emails were filed along with the application were filed to support the claim.
The court said that it is interesting that 105 emails out of 121 were sent by the students in a single day on 10.08.2024. Remaining emails were sent on 11.08.2024 or 22.08.2024.
It is not clear that what prompted the students to make enquiries about resumption of classes on a single day. The content of most of the emails of students is similar and in many cases identical. In these circumstances the authenticity of these emails is highly suspected, ” the court said in the order.
To protect the interest of the students who opted offline or hybrid coaching and admittedly paid more than the online only students, the accused/applicant/conduct can conduct the classes at any other suitable premises, the court said.The RAU’s IAS Study Circle coaching has been closed after three civil service aspirants drowned in the flooded basement.
Senior Advocate Rebecca John had submitted that we just want the building to start running so that the students can continue studying. That is my only submission.
She had further submitted that the probe agency couldn’t seal the building as that was the job of other civil authorities.
“They (CBI) can prosecute me (Gupta), but they can’t prohibit me from going in… that is the job of another civic agency. If CBI wants the building to be sealed, ask someone else to do it,” she added.
CBI had opposed the submissions and said that the basement was supposed to be used for storage purposes. The incident took place because the basement was being used as a library
The agency also said that the building had no safety measures. An incident like this could occur again, it added.
It was submitted by Advocate Abhijeet Anand, counsel for one of the victims that the Supreme Court has said that a coaching centre cannot be run in the building without safety measures.
Addressing the CBI, the court said Nowhere have you said that the building was illegal. Have you sealed the upper floors? The CBI’s response was negative.
“If they’ve not sealed the building, how can they prohibit me (Gupta) from going inside?” said John. She added that the building had complied with all safety norms. “Suppose this was a building where I (Gupta) was staying, could I have been prevented from going in?” she had submitted before the court.
It was also submitted that the CBI had not arrested a single official. “Just take weak people and put them in jails.
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First Published: Aug 28 2024 | 9:40 PM IST
