ID :
36656
Sat, 12/20/2008 - 08:28
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http://m.oananews.org//node/36656
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Uphaar case: Ansal brothers get reduced sentence of one year
Amit Anand and Prabhati Nayak Mishra
New Delhi, Dec 19 (PTI) Real Estate barons Sushil and Gopal Ansal Friday got away with a lighter one year sentence by the Delhi High Court in the Uphaar fire tragedy that claimed 59 lives, leaving families of the victims who fought a bitter legal battle for over 11 years shocked.
The court took into account "mitigating factors" put
forth by the Ansal brothers that they are both of advanced age
with no previous criminal records and they are educated,
respectable members of the society.
The much-awaited court verdict in which it reduced the
two-year sentence imposed on them by the trial court came in
for sharp criticism from the victims' families who said they
had completely lost faith in the judicial system after
fighting the case for 4,206 days.
"The judgement is ridiculous. The verdict is a travesty
of justice. People should not come to court if this is the
type of judgement one gets," Neelam Krishnamurthy, convenor
of the Association of the Victims of Uphaar Tragedy (AVUT)
said voicing her disappointment over the verdict.
Delivering the 538-page judgement in a packed courtroom,
Justice S Ravinder Bhat, upheld conviction order of the
lower court in November last year against the Ansal brothers
but reduced their sentence from two to one year.
Sushil, 71, and Gopal, 62, are lodged in Tihar Jail since
September this year when the apex Court cancelled their bail.
The Judge also reduced the jail terms of three
electricity and fire department officials and a gate-keeper of
the cinema hall while acquitting five other accused.
Voicing discontent over the manner the case was
prosecuted, the Judge said there were "glaring lapses" in the
licensing department, MCD, Delhi Vidyut Board and others.
"So far as Sushil and Gopal Ansal are concerned,
imposition of maximum sentence (of two years) is not
justified. Ends of justice would be served if the sentence is
modified to rigorous imprisonment for a period of one year,"
the Judge ruled.
The fine of Rs 5,000 under Section 304-A (rash and
negligent act), another Rs 1,000 each under Section 14 of the
Cinematography Act slapped by the court on the multi-
billionaire brothers was ridiculed by victims' relatives who
said "it is not even peanuts."
The Judge noted that accused after accused contended that
several senior level officials in MCD, DVB, licensing
department and the Electrical Inspectors office were either
kept out of the orbit of investigation, or were deliberately
not sent up as accused.
These concerns were held to be justified by the trial
court, which directed the CBI to investigate into the role of
such persons. "Though more than a year has lapsed, nothing
seems to have happened," the Judge said, adding on the other
hand, the CBI chose to array as accused persons against whom
there was no material evidence.
Over a dozen family members of the victims who were
present in the court said they would challenge the verdict in
the Supreme Court.
Rita Sahni, who lost a daughter in the 1997 fire tragedy,
said, "Our hope is shattered. No common man can expect justice
from the court. Only those who have money and power can get
justice."
R S Rahi, who also lost his 22-year-old son, said, "We
failed to understand how people from the high society commit
an offence and go scot-free."
The Delhi Vidyut Board employees -- Brij Mohan Satija and
Bir Singh -- who had repaired the transformer in Uphaar
theatre have been convicted under Section 304 A (causing death
by negligence) of the IPC and awarded two-year jail term.
Earlier, they were sentenced to seven years rigorous
imprisonment after being held guilty by the lower court under
harsher penal provisions.
"In this case, what has been proved is that repairs (of
transformer) were conducted improperly and contrary to law.
While there can be no doubt that an extremely high degree of
care is necessary for carrying out such repairs, it cannot
inevitably follow that the accused had the knowledge that
their departure from such degree of care... would have
inevitably led to consequences of death," the court said.
The seven-year jail term of theatre's gate-keeper
Manmohan Unniyal who had locked the exit door from outside
after the incident was reduced to two years by the court.
"The accused Unniyal was nowhere proved to know that his
absence, or locking the doors would inevitably lead to death
or injury to patrons (cinegoers)... . The opinion of the court
that he fled from the scene, insufficient to return a finding
that Unniyal abandoned his post, knowing fully well that such
act would result in death," the court said.
Holding that the charge of culpable homicide was not
sustainable against Unniyal, it noted that he was not in the
balcony at the time of incident.
Regarding the role of convicted Delhi Fire Service staff
H S Panwar, who had granted no-objection certificate to
theatre, the court said, "last inspection report of May 12,
1997 does not show any application of mind to the cinema
hall's compliance with gangway rules, exit rules or other
norms concerning fire safety,"
AVUT convener Krishnamurthy, who could not control her
emotions after the verdict could be seen being consoled by
family members of other victims.
In a reference to Parliament passing tough anti-terror
laws in the aftermath of the Mumbai terror attacks, she said,
"Laws are changed when people lose their lives in Taj or
Trident hotels but in the case of commonman they don't get
justice."
In the verdict, the court acquitted 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)-- of all the charges while ordering their release.
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.
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.
On June 13, 1997 59 cinegoers, including women and
children, were killed due to asphyxia in a devastating fire
that broke out in the cinema hall during screening of Hindi
film "Border".
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 later sentenced them to two years' imprisonment.
It had also convicted seven others in the case. PTI SJK
PMR
New Delhi, Dec 19 (PTI) Real Estate barons Sushil and Gopal Ansal Friday got away with a lighter one year sentence by the Delhi High Court in the Uphaar fire tragedy that claimed 59 lives, leaving families of the victims who fought a bitter legal battle for over 11 years shocked.
The court took into account "mitigating factors" put
forth by the Ansal brothers that they are both of advanced age
with no previous criminal records and they are educated,
respectable members of the society.
The much-awaited court verdict in which it reduced the
two-year sentence imposed on them by the trial court came in
for sharp criticism from the victims' families who said they
had completely lost faith in the judicial system after
fighting the case for 4,206 days.
"The judgement is ridiculous. The verdict is a travesty
of justice. People should not come to court if this is the
type of judgement one gets," Neelam Krishnamurthy, convenor
of the Association of the Victims of Uphaar Tragedy (AVUT)
said voicing her disappointment over the verdict.
Delivering the 538-page judgement in a packed courtroom,
Justice S Ravinder Bhat, upheld conviction order of the
lower court in November last year against the Ansal brothers
but reduced their sentence from two to one year.
Sushil, 71, and Gopal, 62, are lodged in Tihar Jail since
September this year when the apex Court cancelled their bail.
The Judge also reduced the jail terms of three
electricity and fire department officials and a gate-keeper of
the cinema hall while acquitting five other accused.
Voicing discontent over the manner the case was
prosecuted, the Judge said there were "glaring lapses" in the
licensing department, MCD, Delhi Vidyut Board and others.
"So far as Sushil and Gopal Ansal are concerned,
imposition of maximum sentence (of two years) is not
justified. Ends of justice would be served if the sentence is
modified to rigorous imprisonment for a period of one year,"
the Judge ruled.
The fine of Rs 5,000 under Section 304-A (rash and
negligent act), another Rs 1,000 each under Section 14 of the
Cinematography Act slapped by the court on the multi-
billionaire brothers was ridiculed by victims' relatives who
said "it is not even peanuts."
The Judge noted that accused after accused contended that
several senior level officials in MCD, DVB, licensing
department and the Electrical Inspectors office were either
kept out of the orbit of investigation, or were deliberately
not sent up as accused.
These concerns were held to be justified by the trial
court, which directed the CBI to investigate into the role of
such persons. "Though more than a year has lapsed, nothing
seems to have happened," the Judge said, adding on the other
hand, the CBI chose to array as accused persons against whom
there was no material evidence.
Over a dozen family members of the victims who were
present in the court said they would challenge the verdict in
the Supreme Court.
Rita Sahni, who lost a daughter in the 1997 fire tragedy,
said, "Our hope is shattered. No common man can expect justice
from the court. Only those who have money and power can get
justice."
R S Rahi, who also lost his 22-year-old son, said, "We
failed to understand how people from the high society commit
an offence and go scot-free."
The Delhi Vidyut Board employees -- Brij Mohan Satija and
Bir Singh -- who had repaired the transformer in Uphaar
theatre have been convicted under Section 304 A (causing death
by negligence) of the IPC and awarded two-year jail term.
Earlier, they were sentenced to seven years rigorous
imprisonment after being held guilty by the lower court under
harsher penal provisions.
"In this case, what has been proved is that repairs (of
transformer) were conducted improperly and contrary to law.
While there can be no doubt that an extremely high degree of
care is necessary for carrying out such repairs, it cannot
inevitably follow that the accused had the knowledge that
their departure from such degree of care... would have
inevitably led to consequences of death," the court said.
The seven-year jail term of theatre's gate-keeper
Manmohan Unniyal who had locked the exit door from outside
after the incident was reduced to two years by the court.
"The accused Unniyal was nowhere proved to know that his
absence, or locking the doors would inevitably lead to death
or injury to patrons (cinegoers)... . The opinion of the court
that he fled from the scene, insufficient to return a finding
that Unniyal abandoned his post, knowing fully well that such
act would result in death," the court said.
Holding that the charge of culpable homicide was not
sustainable against Unniyal, it noted that he was not in the
balcony at the time of incident.
Regarding the role of convicted Delhi Fire Service staff
H S Panwar, who had granted no-objection certificate to
theatre, the court said, "last inspection report of May 12,
1997 does not show any application of mind to the cinema
hall's compliance with gangway rules, exit rules or other
norms concerning fire safety,"
AVUT convener Krishnamurthy, who could not control her
emotions after the verdict could be seen being consoled by
family members of other victims.
In a reference to Parliament passing tough anti-terror
laws in the aftermath of the Mumbai terror attacks, she said,
"Laws are changed when people lose their lives in Taj or
Trident hotels but in the case of commonman they don't get
justice."
In the verdict, the court acquitted 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)-- of all the charges while ordering their release.
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.
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.
On June 13, 1997 59 cinegoers, including women and
children, were killed due to asphyxia in a devastating fire
that broke out in the cinema hall during screening of Hindi
film "Border".
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 later sentenced them to two years' imprisonment.
It had also convicted seven others in the case. PTI SJK
PMR
