Uphaar case: Ansal brothers get reduced sentence of one year

Amit Anand and Prabhati Nayak Mishra

New Delhi, Dec 19 (PTI) In a setback to families of
victims of the 1997 Uphaar fire tragedy, the Delhi High Court
Friday rejected their pleas for enhancing prison terms of real
estate barons Sushil and Gopal Ansal and instead reduced it
from two to one year.

The court rejected as "unreasonable" the plea of the
victims' families to increase the two-year punishment imposed
on the Ansal brothers by the trial court and decided
to reduce it to one year rigorous imprisonment.

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.

If this is the logic, then all old people languishing
in jails should be forthwith set free, rued Neelam
Krishnamurthy, convenor of the Association of the Victims of
Uphaar Tragedy (AVUT), who had spearheaded the legal battle
for over 11 years.

"I am totally disillusioned with the verdict,"
Krishnamurthy, who lost her two children in the 1997 fire that
claimed 59 lives, told reporters.

The much-awaited court verdict 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," she said.

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.

The judge said he had gone by the trend indicated by
Supreme Court verdicts while deciding the quantum of sentence.
He cited Rustam Irani's case involving 11 deaths and noted
that the accused were convicted under Section 304-A (rash and
negiligent act) and sentenced to 18 months. he cited other
cases where the sentence was six months.

Dismissing the enhancement plea, the judge said that
unless convincing facts which unquivocally established that
there was misjoinder of charges, interference (with the trial
court order) should not be ordered.

"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." PTI SJK
PMR