Cook in Malviya Nagar hotel fire case gets bail; court says forensic report yet to establish cause

The court observed that the forensic report determining the cause of the fire has not yet been submitted.

A Delhi court on Monday granted bail to Kesar Negi, the cook employed at the Flourish B&B hotel in Malviya Nagar, where a devastating fire claimed the lives of 22 people.

While granting bail, the court observed that the forensic report determining the cause of the fire has not yet been submitted and hence criminal culpability cannot be attributed to the accused solely on the basis of a witness statement.

Negi was arrested after police investigation revealed that the fire began after an oil fryer was inadvertently left switched on while the cook prepared tea for himself, news agency PTI reported.

How oil fryer triggered massive fire?

Police had initially suspected that the fire may have been caused by either a short-circuit or a gas cylinder explosion. However, investigators later revealed that the blaze originated from an unattended oil fryer that had been left switched on while the cook went for a tea break.

The oil in the fryer reportedly reached its auto-ignition temperature and caught fire, setting the ceiling ablaze, causing the flames to spread quickly, which were further intensified by highly inflammable materials, including cartons stored inside the premises.

During interrogation, Negi allegedly told police that he had switched on a fryer containing oil before making tea for himself, according to PTI.

While having tea, he allegedly forgot that the fryer was still on. As it overheated, the oil caught fire, with the flames spreading to the ceiling and nearby combustible materials.

The cook later returned to find the oil on fire. Police said he attempted to douse the flames but fled after the blaze spiralled out of control.

According to police, the cook did not warn guests, alert neighbours or contact emergency services, despite allegedly having enough time to do so.

What the magisterial inquiry found

The magisterial inquiry into the deadly fire held multiple government agencies responsible for a series of failures at various levels, stating that these lapses allowed an illegally expanded building to continue operating as a bed-and-breakfast despite repeated warnings, according to official documents accessed by HT.

The 111-page report, submitted to the office of the Delhi government's Chief Secretary earlier this month, highlighted serious irregularities in the licensing, inspection and monitoring of Flourish Stay B&B. It identified lapses by at least four authorities -- Delhi Police, the Municipal Corporation of Delhi (MCD), the Delhi government's tourism department and BSES Rajdhani Power Ltd (BRPL).

The report also blamed the building's owner, management and staff for carrying out unauthorised construction and operating the establishment without mandatory safety measures.

The report said the Malviya Nagar police station, under whose jurisdiction Flourish Stay B&B operated, ignored two "work-stoppage" directions issued by the MCD under the Delhi Municipal Corporation Act in November 2019 and January 2020.

'Allowed six, operating 26 rooms'

The property had been licensed as a bed-and-breakfast with approval for only six rooms. However, authorities found that it was allegedly operating 26 rooms across multiple floors, including the basement and rooftop.

Officials also said the ground floor had permission only for a tea-and-snack shop, but a full-fledged restaurant was allegedly functioning from the premises.

The building had only one main staircase that served as the primary exit, while a separate exit designated for the basement was reportedly shuttered. Locals also alleged that some occupants struggled to open room doors fitted with digital locks, further making it difficult to evacuate.

(With inputs from Saloni Bhatia)

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