The Delhi Court reserved it order after hearing the bail plea of Manoj Kathuria, the driver of the SUV car that apparently was speeding on the Old Rajinder Nagar road that triggered the flood water to break the gates of the Rau's IAS Study Circle building and eventually fill the basement.
Kathuria was arrested on Monday after eyewitnesses and Delhi police claimed that his SUV aggravated the incident that caused the death of three students.
Delhi police opposed the bail plea of SUV driver claiming that the investigation is at the nascent stage and there is a strong possibility that the accused may influence witnesses.
The SUV driver's advocate in his defense questioned, "Delhi Police arresting people not related to the case; how can I be blamed for the incident?"
Additional Public Prosecutor Atul Srivastava opposed the bail plea, saying Kathuria was not guilty of "contributory negligence," but he aggravated the incident.
The APP played in court a few videos taken from Kathuria's social media accounts, showing him driving the same SUV, and said, "I am sorry to use this term. But he is mastikhor aur masti mein inhone ye sab kar diya... In having fun he caused the incident."
When Kathuria was produced in court on Monday after arrest, his counsel sought his client's immediate release on bail on the grounds that the arrest was illegal, a copy of the FIR was not provided to his client, who had no intention or knowledge of causing death.
"The lane was open.... It was a 30-foot road, the water was 2.5-foot high, the speed was just 15 km per hour, I was driving at the centre of the road. Common people have been arrested to please the media and show the students that something is happening. No government officer has been arrested. Intent and knowledge are prerequisites for an offence. How would I know that students were present at the basement?" the lawyer asked.
He had further added, "Other cars were going before me and other (vehicles) came after me. Why did the water not reach other houses? The fault lies with the institutes and (government) departments. Why were officials of the Delhi Jal Board (DJB) not arrested?"
Five accused arrested on Monday in connection with the incident and were sent to judicial custody for 14 days by a court.
The five accused are Tejinder Singh, Parvinder Singh, Harvinder Singh and Sarabjeet Singh, the four co-owners of the basement of the coaching centre at Rajinder Nagar, and the driver of a car, Manuj Kathuria.
Judicial Magistrate Vinod Kumar sent them to judicial custody till August 12.
