ID :
36650
Sat, 12/20/2008 - 08:22
Auther :
Shortlink :
http://m.oananews.org//node/36650
The shortlink copeid
Ansal brothers' jail term cut short, victims families cry foul
New Delhi, Dec 19 (PTI) Rejecting pleas for enhancing their punishment, the Delhi High Court Friday reduced the jail term of real estate barons Sushil and Gopal Ansal in the case of Uphaar cinema fire tragedy that had claimed 59 lives 11 years ago, a decision that drew sharp criticsm from the families of victims.
Justice S Ravinder Bhat, who pronounced the verdit in a
packed court room, reduced the jail term awarded by the lower
court to the Ansal brothers, who own the cinema hall, from two
years to one year.
The bail of two brothers was cancelled by the Supreme
Court of India in September this year and they are in jail
since then.
Upholding the conviction order of the lower court
delivered in November last year, Justice Bhat also also
reduced the jail terms of three electricity and fire
officials and a gatekeeper of the cinema hall while acquitting
five other accused.
The judgement came under immediate attack from the
families of the victims who had come together under under the
banner of the Association of Victims of Uphaar Tragedy (AVUT)
which had demanded enhancment of the punishment given by the
lower court.
"We are very disappointed with today's judgement. We are
absolutely disillusioned with the system. 60 lives were lost
and the jail term of one year comes to an average of six days
per life.
"The value of animal life is higher in this country than
that of human life," said Neelam Krishnamurthy, Convener of
the Association, who had lost a son and daughter caused by
asphyxia in the devastating fire during the screening of Hindi
film "Border" on June 13, 1997.
Krishnamurthy said people would lose faith in the
judiciary because of such judgements.
"Laws are changed when people lose their lives in Taj
or Trident hotels but in the case of common man they don't get
justice," Krishnamurthy said in an apparent reference to
Parliament passing tough anti-terror laws in the aftermath of
the Mumbai terror attacks.
Another couple -- Navin Sahani and his wife Rita --
who had lost their daughter, said "we came to the court for
enhancement of punishment for the accused. Instead what we
get is a reduction in jail term for them."
They said people would not not go to courts if the
social status of the accused were taken into account in
deciding a case.
However, the counsel for Ansals, Ramesh Gupta, said
they had faith in the judiciary and they would challenge this
decision in the Supreme Court as they had a good case.
In its verdict Friday, the High Court reduced the jail
term of Brij Mohan Satija and Bir Singh (both DVB officials)
and Manmohan Unniyal (gatekeeper of Uphaar) from seven years
to two yuers and that of H S Panwar (Delhi Fire Service Staff)
from two years to one year.
Five other accused -- Radhakrishan Sharma, N S Chopra
(both Uphaar cinema managers), A K Ghera (DVB official), S S
Sharma and N D Tiwari (both MCD officials) -- were acquitted
by the court.
Another cinema manager, Ajit Chowdhary, who was
sentenced to seven years by the lower court, had recently died
in Tihar jail and the proceedings against him had abated.
The High Court termed the Association's plea for
enhancement of punishment as "unreasonable"
It pulled up the CBI for not carrying out
investigations against senior officials of Municipal
Corporation of Delhi (MCD) and Delhi Vidyut Board (DVB) and
directed the agency to complete the probe against them by
March 15 next year.
It said that there were glaring lapses on the part
of MCD, DVB and the licencing authority and their officers who
were not made accused in the case.
The High Court expressed its anguish against the CBI
as no progress was made by the agency in the last one year
since the trial court directed it for further investigation in
the case.
It was unhappy that only lower-level officials had
faced charges in the case and one accused even died in the
jail.
The agency had contended that the trial court had
adopted a lenient approach towards the Ansal brothers and they
should be punished under section 304 part-II of IPC that deals
with culpable homicide not amounting to murder which is
punishable upto 10 years of imprisonment.
The trial court on November 20 last year had held the
Ansal brothers guilty, along with three others, under Section
304-A IPC (causing death due to rash and negligent act) and
had sentenced them to two years' imprisonment.
Seven others including two theatre managers, Ajit
Chowdhary and Nirmal Chopra, were convicted under Section 304
IPC (culpable homicide not amounting to murder) and sentenced
to seven years' jail.
Others who were convicted under the same section were
R K Sharma, Manmohan Unniyal (cinema's gatekeeper), Brij Mohan
Satija, A K Gera and Bir Singh (all DVB officials). PTI SJK
Justice S Ravinder Bhat, who pronounced the verdit in a
packed court room, reduced the jail term awarded by the lower
court to the Ansal brothers, who own the cinema hall, from two
years to one year.
The bail of two brothers was cancelled by the Supreme
Court of India in September this year and they are in jail
since then.
Upholding the conviction order of the lower court
delivered in November last year, Justice Bhat also also
reduced the jail terms of three electricity and fire
officials and a gatekeeper of the cinema hall while acquitting
five other accused.
The judgement came under immediate attack from the
families of the victims who had come together under under the
banner of the Association of Victims of Uphaar Tragedy (AVUT)
which had demanded enhancment of the punishment given by the
lower court.
"We are very disappointed with today's judgement. We are
absolutely disillusioned with the system. 60 lives were lost
and the jail term of one year comes to an average of six days
per life.
"The value of animal life is higher in this country than
that of human life," said Neelam Krishnamurthy, Convener of
the Association, who had lost a son and daughter caused by
asphyxia in the devastating fire during the screening of Hindi
film "Border" on June 13, 1997.
Krishnamurthy said people would lose faith in the
judiciary because of such judgements.
"Laws are changed when people lose their lives in Taj
or Trident hotels but in the case of common man they don't get
justice," Krishnamurthy said in an apparent reference to
Parliament passing tough anti-terror laws in the aftermath of
the Mumbai terror attacks.
Another couple -- Navin Sahani and his wife Rita --
who had lost their daughter, said "we came to the court for
enhancement of punishment for the accused. Instead what we
get is a reduction in jail term for them."
They said people would not not go to courts if the
social status of the accused were taken into account in
deciding a case.
However, the counsel for Ansals, Ramesh Gupta, said
they had faith in the judiciary and they would challenge this
decision in the Supreme Court as they had a good case.
In its verdict Friday, the High Court reduced the jail
term of Brij Mohan Satija and Bir Singh (both DVB officials)
and Manmohan Unniyal (gatekeeper of Uphaar) from seven years
to two yuers and that of H S Panwar (Delhi Fire Service Staff)
from two years to one year.
Five other accused -- Radhakrishan Sharma, N S Chopra
(both Uphaar cinema managers), A K Ghera (DVB official), S S
Sharma and N D Tiwari (both MCD officials) -- were acquitted
by the court.
Another cinema manager, Ajit Chowdhary, who was
sentenced to seven years by the lower court, had recently died
in Tihar jail and the proceedings against him had abated.
The High Court termed the Association's plea for
enhancement of punishment as "unreasonable"
It pulled up the CBI for not carrying out
investigations against senior officials of Municipal
Corporation of Delhi (MCD) and Delhi Vidyut Board (DVB) and
directed the agency to complete the probe against them by
March 15 next year.
It said that there were glaring lapses on the part
of MCD, DVB and the licencing authority and their officers who
were not made accused in the case.
The High Court expressed its anguish against the CBI
as no progress was made by the agency in the last one year
since the trial court directed it for further investigation in
the case.
It was unhappy that only lower-level officials had
faced charges in the case and one accused even died in the
jail.
The agency had contended that the trial court had
adopted a lenient approach towards the Ansal brothers and they
should be punished under section 304 part-II of IPC that deals
with culpable homicide not amounting to murder which is
punishable upto 10 years of imprisonment.
The trial court on November 20 last year had held the
Ansal brothers guilty, along with three others, under Section
304-A IPC (causing death due to rash and negligent act) and
had sentenced them to two years' imprisonment.
Seven others including two theatre managers, Ajit
Chowdhary and Nirmal Chopra, were convicted under Section 304
IPC (culpable homicide not amounting to murder) and sentenced
to seven years' jail.
Others who were convicted under the same section were
R K Sharma, Manmohan Unniyal (cinema's gatekeeper), Brij Mohan
Satija, A K Gera and Bir Singh (all DVB officials). PTI SJK
