Victim’s brother moves court, says Karol Bagh incident ‘pre-planned’

“Absence of emergency response systems, lack of rescue protocol, abandonment of the victim inside their own premises and misrepresentation by the police and the Fire Department that the lift was empty - all amount to active participation in an offence of culpable homicide not amounting to murder,” reads a criminal complaint filed in Tis Hazari Court against the management of Vishal Mega Mart, Karol Bagh, as well as the police and fire officials.

The complaint has been filed by Virendra Vikram, brother of UPSC aspirant Kunwar Dhirendra Vikram (26), who died after being trapped inside a lift during a fire at the multi-storey commercial store on July 4. It seeks cognisance of offences under Sections 105, 61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, along with other provisions.

Invoking Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 200 CrPC), Virendra has alleged that the tragedy was not a mere accident but “a pre-planned incident aimed at securing an insurance payout” by the mall’s management.

According to the complaint filed by advocate Rudra Vikram Singh, the deceased had gone to Vishal Mega Mart around 6.30 pm on July 4 to purchase daily essentials when the fire broke out. The staff, acting under instructions from the management, allegedly disconnected the electricity and fled the premises, leaving customers behind.

“At the time the electricity got shut down…the deceased was in the elevator and he requested the staff present there to evacuate him as well, but his voice was unheard and he was left in the elevator. As a result, he died by the act of the accused persons,” the complaint read.

In a chilling detail, Virendra recounted that his younger brother made a desperate WhatsApp voice call to him from inside the lift, gasping for air and begging for help. “He informed the complainant that he was stuck inside the lift, building had caught fire, there was thick smoke inside, and he was suffocating as there was no ventilation or emergency exit in the lift,” the complaint notes.

Despite repeated pleas from family members who rushed to the site, including the victim’s cousin Chand Vikram and another acquaintance Prashant, the staff and fire officials allegedly refused to act. “Despite several requests…nobody tried to evacuate the deceased and he was left to die in the lift,” the petition says.

The complaint further points to gross violations of fire safety norms. It alleges the lift had “no panic button, no ventilation mechanism, no internal communication module and no safety compliance measures in place.”

The building itself had “only one gate for entry and exit and no emergency exit,” and was allegedly operating without a fire NOC or required licences.

It was only after a delay of more than seven hours that the charred body of Dhirendra was recovered. By then, he had suffocated to death. “The delay in rescue and the deliberate inaction on part of the police, fire officials and the mall management clearly indicate criminal conspiracy, misconduct and culpability,” the complaint asserts.

The family has also highlighted what they term a “shocking financial motive.”

The owner of Vishal Mega Mart allegedly filed an insurance claim for damages on the very next morning, July 5, while the family was still reeling from the loss.

Virendra has drawn parallels with previous fire tragedies in the Capital, Mundka fire (27 deaths) and Hotel Arpit Palace fire (17 deaths), where the Delhi Police registered FIRs under Section 304 of the IPC (now Section 105 of the BNS) and arrested those responsible. “The facts in the present case are strikingly similar and equally grave. Hence the same standards of justice must apply,” the complaint states.

The petition stresses that evidences, including WhatsApp voice messages and phone records of the deceased, are available and can be produced during trial.

Despite a written complaint being submitted to the Karol Bagh police station on July 5, no FIR has been registered to date, the petition notes. The matter is scheduled to be heard on November 3.

“Not acting on the complaint made by the brother of the deceased clearly shows the equal participation of the Delhi Police in this pre-planned crime to kill two young innocent people, yet they are least bothered to interrogate the real culprits i.e. officials of the BSES, Jal Board, MCD and Fire Department, and trying their best to save these officials and big brand Vishal Mega mart,” said advocate Singh.