Force Gurkha Driver Gets Bail In IAS Academy Flooding Case: Court Calls Delhi Police Over-Enthusiastic
A few days ago, Delhi police arrested the driver of a Force Gurkha SUV which drove in front of the IAS academy, where three IAS aspirants died after it got flooded. It has now been reported that a Delhi court has granted bail to Manuj Kathuria, the driver of a Force Gurkha SUV. The court has even criticized the Delhi Police for what it described as “over-enthusiasm” in arresting Kathuria in the case.
What happened, and how was the bail given?
For those who may not remember, Manuj Kathuria drove his Force Gurkha SUV through the waterlogged streets of Rajendra Nagar. The heavy rain had already flooded the streets due to the poor drainage system. As Kathuria’s SUV navigated through the water, a wave was created.
The police alleged that this breached the gates of Rau’s IAS Study Circle, which caused its basement to get flooded. Tragically, this resulted in the death of three IAS aspirants: Shreya Yadav, Tanya Soni, and Nevin Dalwin, who were trapped in the basement library.
Following this, Kathuria was arrested by the Delhi Police on charges of negligent driving causing death. However, in a recent ruling, Additional Sessions Judge Rakesh Kumar granted him bail, stating that the police had acted with “over-enthusiasm” in implicating him.
The court ruled that a case under Section 105 of the Bhartiya Nyaya Sanhita (BNS) for causing death by negligence was not applicable in Kathuria’s situation. It added that the remaining offenses against him were bailable, which led to the court’s decision to grant bail.
The judge pointed out that the evidence presented by the prosecution did not sufficiently link Kathuria’s actions to the tragic outcome. The court highlighted that while the act of driving through the flooded street may have contributed to the flooding of the basement, it was not a clear case of criminal negligence. Additionally, the court noted that there was a lack of direct evidence proving that Kathuria’s driving was reckless or intended to cause harm.
Previous Bail Denial
Prior to this, Judicial Magistrate Vinod Kumar had denied bail to Kathuria and the four co-owners of the basement. These owners include Tejinder Singh, Parvinder Singh, Harvinder Singh, and Sarabjeet Singh.
The Judicial Magistrate’s decision was based on the severity of the incident and the loss of lives. The court had emphasized the need for a thorough investigation to establish the facts and determine responsibility.
While rejecting the previous bail petitions, the magistrate cited the preliminary findings that suggested negligence on the part of Kathuria and the basement owners. The video evidence showed the Force Gurkha driving through the flooded street. It added that following this, there was subsequent breaching of the gates of Rau’s IAS Study Circle, and it played a crucial role in the initial denial of bail. The magistrate argued that granting bail at that stage could potentially hinder the investigation.
Following this rejection, the accused moved their plea to the Sessions Court. The Sessions Court, however, took a different view of the evidence. The four co-owners’ bail pleas are set to be heard on Friday, while Kathuria’s bail has already been granted.
Court’s Criticism of the Police
The Delhi High Court also weighed in on the matter, questioning the Delhi Police’s rationale in arresting Kathuria. Acting Chief Justice Manmohan expressed surprise over the police targeting a passerby driver instead of addressing the core issue of inadequate drainage.
The High Court has sought detailed reports from both the Delhi Police and the Municipal Corporation of Delhi (MCD), with a hearing scheduled for August 2. The High Court’s directive also mentioned, “What is the police doing catching passersby drivers? Have you questioned the person who has not done the desilting?”
Acting Chief Justice Manmohan questioned Delhi police while pointing out the larger systemic issues that contributed to the flooding. Additional Sessions Judge Rakesh Kumar also stated that the Delhi Police had acted with “over-enthusiasm” in their arrest.
Public Reactions
When the Force Gurkha driver was arrested, the public reaction to the arrest and the handling of the case was mixed. While some criticized Kathuria for driving through the flooded street, many argued that he had no choice but to navigate through the water to avoid stalling his vehicle.
Critics also highlighted the systemic issues of poor urban planning and inadequate drainage infrastructure as the root causes of the incident. Many netizens also highlighted that the police’s actions were misguided and irrational. Critics argued that the real blame lies with the municipal authorities for their failure to maintain proper drainage systems.