The Hindu : New Delhi News : Court inspects Uphaar cinema

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Sunday, Aug 20, 2006

New Delhi

New Delhi

Court inspects Uphaar cinema

Victims' kin pay tribute at `Smriti Upvan' memorial in the Capital

INSPECTION: Mamta Sehgal, Additional Sessions Judge, Tis Hazari Court, on Saturday inspecting the Uphar Cinema hall where several people died in the fire that broke out in 1997 during a show. PHOTO: PTI

NEW DELHI: A Sessions court on Saturday completed the inspection of the Uphaar Cinema hall even as family members of the 59 persons who died in the 1997 fire tragedy paid tribute to their loved ones, including one-month-old Chetan Sudan, the youngest victim, at the `Smriti Upvan' memorial here.

Sudan, who was born on May 5, 1997, was with six other members of his family at the Uphaar theatre at the screening of the Hindi blockbuster `Border' on June 13, 1997. All seven perished in the fire.

The Uphaar Tragedy Victims' Family Association gathered at the memorial adjacent to the cinema complex in the backdrop of a five-hour long inspection by Additional Sessions Judge (ASJ) Mamta Sehgal held as per the September 12, 2003 directive of the Delhi High Court.

The ASJ, accompanied by CBI officials, entered the building, preserved as ``material evidence'' for over nine years through the ongoing trial which has reached its fag end with the recording of final arguments from September 26-28.

The court had only on Friday dismissed a joint application moved by six of the accused in the case seeking permission to accompany the ASJ during the inspection of the four-storey building.

The six were Uphaar managers Ajit Choudhary and N. S. Chopra, gatekeeper Manmohan Unniyal, then DVB officials A. K. Gera and B M Satija and former Delhi Fire Services officer H. S. Panwar.

Talking to the media, advocate K. K. Sareen, counsel for accused Sushil and Gopal Ansal, owners of the complex, said: ``His clients had already paid compensation of over Rs three crore to the victims' families''.

The High Court had in 2003 granted a compensation of about Rs 18 crore to the family members of the victims and the 103 injured in the tragedy and around Rs four crore for setting up a Centralised Accident and Trauma Services (CATS) centre here.

Of their total share of Rs 12.5 crore of the compensation amount, Ansals have so far paid just Rs three crore.

The compensation matter is now pending in the Supreme Court.

Counsel, who was present at the inspection site, added that the Uphaar employees were ``innocent'' as the fire was caused by a short-circuit in a generator installed by the Delhi Vidyut Board (DVB).

This is despite the High Court comparing the theatre to a ``gas chamber'' in an August 28, 2001 order dismissing a revision petition filed by two accused MCD officials - S S Sharma and N. D. Tiwari.

The final arguments in the case will be opened by former Solicitor General Harish Salve representing the CBI whereas the court on September 1 will hear the application filed by another accused, then Delhi Fire Services official B. M. Satija, to re-examine defence witness - ex-DVB personnel R. C. Upadhyay.

Of the 16 accused originally named in the case, four have already died during the pendency of the trial. -- PTI

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