The High Court observed that no substantial action had been taken against MCD officials or other responsible parties. It directed the Central Vigilance Commission (CVC) to appoint a senior officer to oversee the CBI’s probe into the incident.
A bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela stated, “Given the seriousness of the incident and the potential involvement of corruption by public servants, this court transfers the investigation to the CBI. Since the CVC exercises supervisory power over the CBI, the CVC is directed to nominate a senior officer to oversee the CBI probe and ensure that the investigation is completed in a time-bound manner.”
The court criticised the administrative structure of Delhi, highlighting a "multiplicity of authorities" that were merely passing the buck without taking action. The judges expressed their disbelief over how the students were unable to escape from the rain-flooded basement.
During the hearing, the MCD commissioner, who was present in court, informed the bench that stormwater drains in the area were dysfunctional. The bench questioned why this information had not been conveyed to the MCD chief earlier.
The court ordered the removal of encroachments and unauthorised constructions, including those on stormwater and sewage drains, in the Rajinder Nagar area. It stressed the need for a robust system to accommodate Delhi’s growing population and noted that various subsidy schemes were contributing to increased migration to the national capital.
The High Court pointed out that the Delhi government had not held a Cabinet meeting in many months, exacerbating a crisis-like situation in the city. It stated, “Keeping in view the aforesaid, it is no wonder Delhi is going from one crisis to another. One day there is a drought, and the next day there is a flood. It is time that the administrative, financial, and physical infrastructure of Delhi is re-examined.”
The court also ordered the formation of a committee, headed by the Delhi Chief Secretary, to evaluate the financial and administrative setup of the national capital and submit a report within eight weeks.
Referring to the arrest of an SUV driver in connection with the incident, the bench remarked, “Mercifully, you have not challaned rainwater for entering the basement.”