Advocate Writes Open Letter to Delhi HC Chief Justice Seeking Suo Motu Action on Malviya Nagar Fire Tragedy

Advocate Bhavishya Shakya has addressed an open letter to the Chief Justice of the Delhi High Court urging suo motu cognizance of the Malviya Nagar fire, judicial oversight of the investigation, and a city-wide audit of lodging establishments.

On 5 June 2026, Advocate Bhavishya Shakya, practising at the Supreme Court of India, addressed an open letter from New Delhi to the Chief Justice of the High Court of Delhi. The letter requests the court to take suo motu cognizance of a fire incident in Malviya Nagar, Delhi, which the advocate describes as having claimed innocent lives and caused immeasurable suffering to affected families. No judicial order has been passed on the letter as yet. The communication raises questions about fire safety approvals, regulatory inspections, and the conduct of multiple public authorities, and calls for a broader audit of commercial lodging establishments across the capital as well as a regulatory framework for online accommodation booking platforms.

The Malviya Nagar Fire and the Questions It Raises

The letter describes the Malviya Nagar fire as a tragedy that appears “prima facie preventable” and identifies several questions it says require urgent and transparent examination. These include whether the premises held valid fire safety approvals, occupancy permissions, and statutory licences; whether mandatory inspections were conducted in accordance with law; whether complaints or reports about safety deficiencies were received and acted upon; and whether any violations were overlooked or permitted to continue despite knowledge of the risks involved.

The advocate draws a parallel with the Uphaar Cinema tragedy, noting that the earlier disaster demonstrated that large-scale loss of life often results not merely from private negligence but from systemic regulatory failures, inadequate enforcement, and institutional lapses. The letter argues that despite decades of legal and policy developments, similar incidents continue to occur.

The letter invokes Article 21 of the Constitution of India, contending that the right to life includes the right to live with dignity, safety, and reasonable protection from preventable hazards. It argues that State authorities entrusted with statutory responsibilities owe a public duty to ensure compliance with laws enacted for the protection of human life.

Authorities Whose Conduct Is Sought to Be Examined

The letter identifies several regulatory bodies whose role it says must be examined: the Delhi Fire Service, the Municipal Corporation of Delhi, Delhi Police, licensing authorities, the district administration, and any other competent agencies having jurisdiction over the premises. It contends that the tragedy warrants scrutiny not only of possible violations by private individuals but also of the conduct of these regulatory authorities.

The advocate states that accountability must not be restricted to departmental inquiries, transfers, or suspensions, but must extend to criminal prosecution wherever legally justified. The letter specifically mentions negligence, dereliction of duty, wilful omission, abuse of authority, collusion, corruption, and breach of statutory obligations as conduct that should attract accountability in accordance with law.

Online Accommodation Platforms in the Frame

A distinct section of the letter addresses online accommodation booking platforms. The advocate names Booking.com, Airbnb, OYO, Agoda, MakeMyTrip, Goibibo, and similar intermediaries, noting that members of the public frequently rely on such platforms while reasonably assuming that listed properties comply with basic legal, licensing, occupancy, and fire safety requirements.

The letter argues that the tragedy highlights the need to examine whether a stronger regulatory framework is necessary to ensure that accommodations offered to the public satisfy minimum statutory and safety standards before being made available for booking. One of the specific prayers asks the court to direct consideration of a framework requiring these platforms to verify fire safety clearances, occupancy permissions, trade licences, and other mandatory statutory compliances before listing properties.

Prayers Made in the Open Letter

The letter sets out nine specific prayers. These are:

1. Taking suo motu cognizance of the Malviya Nagar fire tragedy.
2. Directing an independent, transparent, and time-bound investigation into all circumstances leading to and surrounding the incident.
3. Directing examination of the role and responsibility of all concerned authorities, including officers of the Delhi Fire Service, Municipal Corporation of Delhi, Delhi Police, licensing authorities, district administration, and any other regulatory bodies having jurisdiction over the premises.
4. Directing registration of appropriate criminal proceedings wherever investigation reveals offences, negligence, misconduct, corruption, collusion, abuse of authority, or breach of statutory obligations by any individual, whether public or private.
5. Ensuring that accountability extends to criminal prosecution wherever legally justified, and is not restricted to departmental inquiries, transfers, or suspensions.
6. Directing disclosure of inspection records, approvals, licences, compliance reports, notices, and enforcement actions relating to the premises concerned.
7. Ordering a comprehensive city-wide audit of hotels, guest houses, hostels, homestays, paying guest accommodations, and other commercial lodging establishments operating within Delhi.
8. Directing consideration of a regulatory framework requiring online accommodation platforms to verify fire safety clearances, occupancy permissions, trade licences, and other mandatory statutory compliances before listing properties for public booking.
9. Ensuring adequate compensation, rehabilitation, counselling, and support for victims and their families.

Status of the Letter

The open letter is dated 5 June 2026 and is addressed to the Chief Justice of the High Court of Delhi at Sher Shah Road, New Delhi. It is signed by Bhavishya Shakya, described as an Advocate at the Supreme Court of India. The digest does not record any judicial order, listing date, or response from the court at the time of publication. Whether the High Court takes cognizance of the letter, converts it into a suo motu writ petition, or takes any other action remains to be seen.