New Delhi: Delhi High Court On Tuesday, issued notice to all respondents and asked them to file reply on the appeal moved by convict businessman Sushil Ansal in the evidence tampering case, in connection with the Uphaar fire tragedy case that happend in 1997, as reported by the news agency ANI.’
At least 59 people lost their lives due to asphyxia and over 100 others were injured in the stampede after fire broke out in Uphaar cinema on June 13, 1997, during the screening of JP Dutta's film 'Border'. Earlier in September, the Delhi High Court had issued notice to Sushil Ansal, Gopal Ansal and other accused on a plea moved by the Association of Victims of Uphaar Tragedy (AVUT).
AVUT had moved Delhi HC against the Trial court order which had reduced the Ansal Brothers' jail term in an evidence tampering case linked to the Uphaar fire tragedy of 1997 in which 59 people were killed and over 100 were injured.
The bench of Justice had sought the response of all accused/ respondents in the matter and listed the matter for October 11, 2022. Senior counsel Dayan Krishnan appeared for the state (Delhi Police) and said that they support the petition and would file an appeal.
AVUT had challenged the July 18, 2022 order passed by the Principal District and Sessions Judge of Patiala House Court who had reduced the real estate baron Ansal brother's 7-year jail term to the "period already undergone" in judicial custody in the case.
Senior Advocate Vikas Pahwa had appeared for the AVUT and sought the direction of the Delhi High court to set aside the order passed on July 18 and also issue direction to enhance the sentence awarded by the Principal District and Sessions Judge from the period already undergone to the original sentence of 7 years awarded by magistrate Court in an order dated November 8, 2021.
Chief Metropolitan Magistrate (CMM) Court on November 8 last year had sentenced seven-year imprisonment and imposed Rs 2.25-crore fine each on Sushil and Gopal Ansal for tampering with evidence
The victim association through Senior Advocate Vikas Pahwa submitted that the Trial Court order is contrary to established principles of law on sentencing and is ignorant of the conduct and criminal antecedents of the accused.
The Trial Court while reducing the jail term of convicts, had increased a fine of Rs. 3 Crores each of them in three sections related to conspiracy, criminal breach of trust and destruction of evidence. Earlier the lower court had imposed a fine of Rs. 2.25 Crores each on them.
The Court had sentenced Sushil and Gopal Ansal for the period already undergone and imposed a fine under section 120B (conspiracy), one crore under section 409 (criminal breach of trust) and one crore under section 201 (destruction of evidence) of IPC.
The court also sentenced the convict PP Batra for the period already undergone during custody. The court fined him Rs. 10000 for conspiracy, Rs. 10000 for criminal breach of trust and Rs. 10000 for the offence of destruction of evidence.
(With ANI Inputs)