Delhi High Court asks CBI to appoint senior officer to monitor probe into UPSC aspirants’ death

The Delhi High Court recently asked the Central Bureau of Investigation (CBI) to appoint a senior officer to monitor the investigation into the death of three civil services aspirants who drowned due to flooding at an IAS coaching centre in Delhi's Rajendra Nagar in July [J. Dalvin Suresh Vs. Central Bureau of Investigation]..Justice Dinesh Kumar Sharma made the request to the CBI Director while disposing of a petition filed by the father of a civil service aspirant who died after the basement of RAU’s IAS Study was flooded during rains.“The Court is conscious of the fact that the complainant or the petitioner in the present case may have some genuine concerns. In order to balance the rights, Director CBI is requested to appoint a senior officer to have regular monitoring of the investigation being conducted by the CBI,” the Court directed..The father (petitioner) had challenged a trial court order dismissing his plea seeking change of Investigating Officer (IO) due to alleged deficiencies in the probe. The Court declined the father’s plea after noting that CBI has filed chargesheet in the case and further investigation is being conducted under supervision of the Chief Vigilance Commission (CVC).The central agency has been probing the incident pursuant to an order passed by the High Court in August. .It further commented that while the petitioner has a fundamental right to a free and fair investigation, he cannot be made privy to the investigation being conducted. “The manner in which the investigation is to be conducted is the prerogative of the investigation,” the Court stated. It stressed that the petitioner should have faith in the investigating agency since raising questions at this stage may hamper the investigation.Nevertheless, it asked the CBI to appoint a senior officer to monitor the probe.It also emphasised that the CBI must address the concerns of the petitioner and granted him liberty to highlight his concerns to the IO.“This Court hopes and trusts that CBI will keep the faith of the petitioner,” it added. .In its decision, the High Court also dealt with the findings of the Magistrate that it cannot monitor probe being conducted by the CBI. The observation "may not be in accordance with the law", it said.“It is correct that learned MM cannot direct the CBI to the registration of the FIR. However, once the CBI has registered the case and conducting an investigation, the concerned Court of learned MM will have all the power to monitor the investigation in accordance with the law and established principles as laid down by the judgments of the constitutional bench,” the Court stated..Advocates Abhijit Anand and Prachi Mittal represented the petitioner.Special Public Prosecutor (CBI) Rajesh Kumar with advocates Mohd Changez Ali Khan and Mishika appeared for the CBI.[Read order]