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Thursday 20 August 2015

UPHAAR TRAGEDY Ansals escape further jail as SC reduces term



Legal Correspondent
New Delhi, August 19
In a major relief to real estate barons Sushil Ansal and Gopal Ansal, the Supreme Court today reduced the brothers’ one-year jail term in the Uphaar Cinema tragedy case to the period of sentence already undergone by them — five months.
As many as 59 people had died of suffocation following an accidental fire during the screening of Hindi movie “Border” in the cinema hall here on June 13, 1997. A Bench headed by Justice Anil R Dave delivered the verdict on the brothers’ appeal against the Delhi High Court judgment sentencing them to one-year imprisonment.
The trial court had awarded two years, but the HC reduced it to one year in 2008. The other members on the Bench were Justices Kurian Joseph and Adarsh Kumar Goel.
The apex court, however, directed them to pay a fine of Rs 60 crore within three months to the Delhi government, which would utilise it for welfare schemes.
The SC ruling came after day-long arguments by Ansal brothers’ senior counsel Ram Jethmalani, pleading that his clients could not be held directly responsible for the fire accident. The case had come to the Bench following a split verdict delivered by a two-judge SC Bench on March 5, 2014.
While Justice TS Thakur had upheld the HC verdict, Justice Gyan Sudha Misra (since retired) had reduced the sentence of Sushil to the period already undergone and enhanced the term of Gopal to two years.
The apex court rejected the pleas of the CBI and the Association of Victims of Uphaar Tragedy, represented by Harish Salve and KTS Tulsi, respectively, for at least retaining the quantum of sentence, if not enhanced.
THE TRIBUNE