New Delhi: The Delhi High Court Friday listed for hearing July 18 the petition by Association of Victims of Uphaar Tragedy (AVUT) for enhancement of punishment of real estate tycoons Sushil and Gopal Ansal for allegedly tampering with evidence in the 1997 Uphaar cinema fire which claimed 59 lives, saying the matter requires prioritisation.
Justice Anup Jairam Bhambhani said the case has wider public law ramifications while directing that the other related matters like pleas by the Ansal brothers against their conviction be also listed on the same date.
The court’s order came on an application by AVUT seeking a specific date of hearing in its matter which was sent to the ‘regular board’ of the high court last year.
The court said it agreed with the observations of its coordinate bench which had stated the case ought to be decided at the earliest, and added, “The matter involves wider public law ramifications including those affecting the judicial system itself which require prioritization. The application is allowed.”
“Renotify in July to verify whether the matter is ripe for hearing..It is made clear that the next date of hearing is not for final hearing. Such a date will be decided subsequently,” stated the judge.
A magisterial court had November 8, 2021 awarded seven-year jail terms to real estate barons Sushil and Gopal Ansal and since then they were in prison.
However, a district judge July 19, 2022 modified the magisterial court’s order on sentence and directed the release of the Ansals, former court staff Dinesh Chand Sharma and Ansal’s then employee P P Batra against the period they had already served in jail since November 8, 2021.
Their punishment of around eight months was set off against the period they had already spent in jail.
It had, however, upheld the fine of Rs 2.25 crore each imposed by the magisterial court on Sushil and Gopal Ansal and Rs 3 lakh each on the other two.
In the early hearing application before the high court, AVUT– represented by senior advocate Vikas Pahwa, said its revision petition against the 2022 district court order needs to heard expeditiously as the offence of tampering is extremely serious in nature as it affects the entire criminal justice system.
Senior lawyers appearing for the Ansal brothers prayed for time to file a response to the early hearing plea.
Senior Advocate Dayan Krishnan, representing the prosecution, said the early hearing plea should be allowed.
The police have also challenged the 2022 order releasing the Ansal brothers.
The case relates to alleged tampering with the evidence in the main fire tragedy case in which the Ansals were convicted and sentenced to a two-year jail term by the Supreme Court.
The apex court had, however, released them taking into account the prison time they had done on the condition that they pay a Rs 30 crore fine each to be used for building a trauma centre in the national capital.
As per the charge sheet, the documents tampered with included a police memo giving details of recoveries immediately after the incident, Delhi Fire Service records pertaining to repair of transformer installed inside Uphaar, minutes of Managing Director’s meetings, and four cheques.
Out of the six sets of documents, a cheque for Rs 50 lakh, issued by Sushil Ansal to himself, and minutes of the MD’s meetings, proved beyond doubt that the two brothers were handling the day-to-day affairs of the theatre at the relevant time, the charge sheet had said.
The tampering was detected for the first time July 20, 2002 and a departmental enquiry was initiated against Dinesh Chand Sharma. He was suspended and terminated from services June 25, 2004.
AVUT, in its petition against the district court order, has said the district judge has failed to consider that the offence of tampering is extremely serious in nature as it affects the entire criminal justice system.
“It is direct interference in the administration of justice and thus requires serious consideration while sentencing a convict for committing the offence of misappropriating the court files and tampering with the most crucial evidence, purported to be used for convicting an accused person,” the plea, filed through AVUT chairperson Neelam Krishnamoorthy, has said.
It has contended that the trial court failed to consider that this is a case which shatters the confidence of the public at large in the criminal justice system and it requires a maximum sentence so that it works as a deterrent for others who even dream of tampering with the court record in future.
It has said the district judge has failed to consider that the accused in this case, primarily the Ansal brothers, misused the liberty granted to them in the main Uphaar case and tampered with the evidence after hatching criminal conspiracy with the court staff.
A massive fire had broken out at Uphaar cinema during the screening of the Hindi film ‘Border’ June 13, 1997, claiming 59 lives.
PTI