New Delhi [India], July 29 (ANI): Tis Hazari court on Monday remanded five accused to judicial custody in the Rajinder Nagar incident, in which three UPSC aspirants lost their lives.
Delhi police produced the accused, including four landowners and one driver, after a fresh arrest. One accused has filed a bail application.
Judicial Magistrate First Class Vinod Kumar remanded landowners Tejinder, Sarabjit, Harvinder, Parvinder, and driver Manuj Kathuria to judicial custody till August 12.
The court is to hear the bail application of Manuj Kathuria tomorrow at 2 PM. The counsel for the other accused wanted to argue orally on bail. The court asked him to file a bail application, which will be heard tomorrow.
The court remanded the accused persons to judicial custody in view of the seriousness of the allegations.
Delhi police had moved an application seeking judicial custody of all accused persons.
Advocate Rakesh Malhotra, counsel for Manuj Kathuria, while opposing the custody application, argued that the arrest should be declared illegal for violations of Bharatiya Nagarik Suraksha Sanhita (BNSS).
He also submitted that where this incident happened, a library was running in the basement.
A driver of a vehicle has been arrested by the police. He was driving in a lane that was not closed by the police.
It was submitted that no officers have been arrested. They arrested private people just to satisfy the media and the public. Can they justify the arrest, the counsel argued.
Advocate Amit Chaddha, counsel for the four landowners of the building, argued that they have no such liability, as the building was leased out.
Section 105 (Culpable homicide not amounting to murder) of the BNSS has been added to bypass the Supreme Court judgement in Arnesh Kumar and Satinder Antil.
On being asked by the court, the investigating officer submitted that the four accused are owners of the basement and third floor. The basement was only for the purpose of parking and storage.
The iron gate was crushed by the flow of water, the Investigating Officwer (IO) said.
Advocate Rakesh Malhotra opposed the submissions, arguing that a car with 2.5-foot-wide tyres cannot create a wave of 12 feet to crash the gate.
A video was also played in the court.
Counsel for the accused also submitted that the speed of the video has been increased, and FSL will determine how it was done.
On the other hand, advocate Amit Chaddha submitted that none of the sections are applicable to these four people. There was a 9-year lease with a 3-year locking period.
Advocate Malhotra also submitted that no other house was damaged. If this man is responsible, then every officer is responsible.
The court asked the IO if notice had been issued to any public servants.
He submitted that a notice had been issued to the Municipal Corporation of Delhi (MCD). (ANI)
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