Uphaar case: SC agrees to consider hearing review plea during summer vacation

New Delhi: Giving a fresh ray of hope, the Supreme Court on Tuesday assured Association of Victims of Uphaar Tragedy (AVUT) that it would consider hearing in the summer break its plea seeking review of the 2015 verdict by which real estate barons Sushil and Gopal Ansal were required to serve two years in jail if they failed to pay Rs 30 crore each.

"Will you be able to argue during summer vacation," a bench comprising Chief Justice TS Thakur and Justice UU Lalit said when senior advocate KTS Tulsi, appearing for AVUT, sought urgent listing of the plea seeking review of the verdict in an open court hearing.

Tulsi referred to the fact that earlier also, AVUT had sought urgent hearing.

"One of the three judges (Justice AR Dave who is also presiding the bench) will retire by the time this is heard," the senior lawyer said.

Supreme Court. AFP

Supreme Court. AFP

The court then said it would consult the concerned judges of the bench and explore possibility of listing and hearing the plea during upcoming summer vacation, beginning on 16 May and ending on 28 June.

Earlier, the CJI had assured the counsel for AVUT that probably the review plea will be listed for hearing after the Holi vacation.

Prior to this, three-judge bench comprising justices AR Dave, Kurian Joseph and AK Goel had decided to hear the review petition filed by CBI and AVUT in an open court.

Fifty-nine cinegoers had died of asphyxia during the blaze when Bollywood movie Border was being screened at Uphaar theatre. The Ansals have already deposited Rs 30 crore each.

The review plea filed by AVUT said "The impugned orders are in gross violation of natural justice and have been passed without affording victims any effective, meaningful hearing."

It said the apex court judgements "bestow an unwarranted leniency on convicts whose conviction in the most heinous of offences has been upheld by all courts including this court and sentences imposed on them have been substituted with fine without assigning any reason or basis."

The CBI, in its review plea, had said the apex court did not give it time to put forth its views which resulted in the "miscarriage of justice".

"Due to the paucity of time on the day on which this case was heard, the prosecution could not adequately put across the reasons why this court should not substitute a monetary fine in place of a jail sentence.

"This petition also seeks to raise issue of an apparent error of law in the judgement and order of this court which has occasioned a grave miscarriage of justice," the agency said in its plea.

The agency also said the "callousness" of the Ansal brothers led to 59 people being trapped and suffocated to death in the theatre.

The victims, trapped in the balcony of the theatre in South Delhi, had died of asphyxia following the fire and over 100 were injured in the subsequent stampede on 13 June, 1997.

AVUT and the CBI had also filed application seeking open court hearing on the review pleas.

The apex court had on 19 August, 2015 sent Ansal brothers, Sushil and Gopal, to two-year rigorous jail term if they failed to pay Rs 30 crore each within three months.

In a judgement on 23 September, 2015, the bench had said the "magnitude" of the tragedy case "calls for a higher sentence" but the court has to limit itself to the choice available under the law.

A two-judge bench of justices TS Thakur and Gyan Sudha Misra (since retired) had in a 5 March, 2014 order differed on the quantum of sentence for Ansal brothers: Sushil, 76, and Gopal, 67.

While Justice Thakur had retained the one-year jail term awarded by Delhi High Court in 2008, Justice Misra had awarded the maximum punishment of two years with a rider that it can be reduced to the period already undergone behind bars on payment of Rs 100 crore as fine collectively by them.

After this, the matter was referred to the bench of Justices AR Dave, Kurian Joseph and Adarsh Kumar Goel, which enhanced the sentence to the maximum period of two years under Section 304-A (causing death by negligence) of IPC if they failed to pay the fine amount.

While Sushil has spent over five months in prison, Gopal was in jail for over four months immediately after tragedy.

The three-judge bench had also said that on the principle of parity, the case of Gopal will stand on the same footing as that of Sushil.

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Updated Date: Apr 19, 2016 18:54:39 IST

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