The Hindu : New Delhi News : Sentencing in Uphaar fire tragedy case put off to today

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Thursday, Nov 22, 2007
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New Delhi

Sentencing in Uphaar fire tragedy case put off to today

Staff Reporter

Arguments by lawyers on quantum of punishment remain inconclusive

Photo: R.V Moorthy

In the dock: Uphaar fire tragedy case convict Sushil Ansal arrives at the Patiala House courts in New Delhi on Wednesday.

NEW DELHI: With arguments on the quantum of punishment remaining inconclusive on Wednesday, sentencing in the Uphaar cinema fire tragedy case that claimed 59 lives ten years ago was postponed to Thursday. A Sessions court here had held all the 12 accused in the case, including the cinema hall owners Sushil Ansal and Gopal Ansal, guilty on Tuesday.

‘Media trial’

Arguing for Sushil Ansal, his counsel R. K. Naseem told Additional Sessions Judge Mamata Sehgal that his client was convicted due to a media trial. He also sought relief for his client under the Probation of Offenders Act arguing that Sushil Ansal, who along with his brother Gopal Ansal has been convicted of causing death due to negligence, had no criminal background.

Mr. Naseem also argued that as far as his client’s culpability in the criminal negligence was concerned, he was not alone and there were other contributory factors and individuals responsible for the incident.

Arguments inconclusive

Gopal Ansal’s counsel Prem Kumar, a former Special CBI Judge, also sought relief for his client on similar grounds. However, his arguments remained inconclusive as the court rose for the day.

The arguments on the part of Gopal Ansal would continue on Thursday after which the prosecution would submit its reply and subsequently the court would award the sentences.

Convict faints

On Wednesday, as the arguments were going on, one of the convicts, Shyam Sunder Sharma of the Municipal Corporation of Delhi, fainted in the courtroom following which the proceedings were stopped for a while. The court resumed after his condition improved.

The other convicts, including Sharma and nine others, sought relief citing health, age and family reasons. Seven of the 12 accused convicted under Section 304 (Part II) of the Indian Penal Code, which pertains to culpable homicide not amounting to murder, argued that they should be let off with a fine or a milder punishment.

Relief sought

Uphaar cinema gatekeeper Manmohan Uniyal’s counsel Ramesh Gupta argued that while the section under which his client was convicted provided for a maximum punishment of ten years, he should be let off with a fine as he had not misused the concessions given to him by the court. Also, the fact that he had been facing trial for the past ten years should be considered, Mr. Gupta pleaded. The other six convicts also sought relief on similar lines.

The families of the fire tragedy victims had expressed relief over the verdict on Tuesday but they were not happy with the section under which the Ansal brothers had been convicted. They are planning to approach the Delhi High Court once the quantum of punishment is awarded. On June 13, 1997, a devastating fire broke out in Uphaar cinema where the Bollywood film “Border” was being screened. Most of the victims died of asphyxiation.

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