The Hindu : New Delhi News : Court issues notice to CBI on Ansal appeal

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Wednesday, Dec 12, 2007
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Court issues notice to CBI on Ansal appeal

Staff Reporter

Complete misreading of the material on record by the trial court judge, says appeal

NEW DELHI: The Delhi High Court on Tuesday issued a notice to the Central Bureau of Investigation on an appeal by Sushil Ansal, who was sentenced to two years’ rigorous imprisonment by a trial court here last month in the Uphaar fire tragedy case.

Justice S.N. Dhingra of the Court directed the investigating agency to file its reply to the appeal by January 2, 2008. Sushil Ansal is one of the owners of the cinema hall.

In the appeal, Mr. Ansal submitted that there was a complete misreading of the material on record by the trial court judge, therefore, her findings were not sustainable as they were self-contradictory.Referring to an excerpt of the judgment, the appeal said the judge had referred to inspection reports of the transformer installed in the basement by the Electrical Inspector for 1995, 1996 and 1997 but at the same she had held that there were no inspection reports and the license of the hall was renewed in collusion with the officials of various government departments.

The appeal further said that the entire judgment was vitiated because observations made by the trial court judge had been used as evidence in convicting Mr. Ansal.

Appearing for Mr. Ansal, R.K Naseem submitted that the judge did not appreciate the fact that in the case of negligence there was no scope for vicarious liability.

In this case of the acts and omissions committed by the officials of various government agencies in granting sanctions and relaxations had been described as acts of the appellant and he had been held guilty for them to convict him, which was not permissible under the law.

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