The Hindu : New Delhi News : Court reserves judgment on appeals in Uphaar case

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Tuesday, Nov 18, 2008
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Court reserves judgment on appeals in Uphaar case

Staff Reporter

NEW DELHI: The Delhi High Court on Monday reserved judgment on appeals by the convicts against their conviction in the Uphaar Cinema fire tragedy case in which 59 people were suffocated to death on June 13, 1997.

Justice S. Ravindra Bhat reserved the judgment on conclusion of arguments by the Central Bureau of Investigation (CBI), the Association of Victims of Uphaar Tragedy and the accused, including the Ansal brothers, Sushil Ansal and Gopal Ansal.

The CBI argued that the Ansal brothers should be prosecuted for culpable homicide not amounting to murder because they had the knowledge that deviations in the cinema hall might prove fatal in case of a mishap.

Concluding the argument, counsel for the CBI, former Additional Solicitor-General Harish Salve, submitted that the Ansal brothers could not absolve themselves of their liability for the tragedy because they were on the board of directors of the company owning the hall, and deviations in the building were committed when they were on the board.

‘Summon the cop’

The two were controlling the administration and finances of the company when the deviations were committed, Mr. Salve submitted.

Counsel for the Ansal brothers argued that their clients had no liability for the tragedy because it had occurred due to a fire in the transformers installed by the then Delhi Electric Supply Undertaking in the basement of the building.

Arguing for the Association of Victims of Uphaar Tragedy, K. T. S. Tulsi, submitted that the then Deputy Commissioner of Police (Licensing) should be summoned as an accused in the case to stand trial for allowing the owners to set up extra seats in the balcony of the hall in violation of the rules.

Following directions by the Supreme Court on September 10 this year that the appeals against conviction in the Uphaar fire tragedy accused be heard on a day-to-day basis and for full working hours, the Delhi High Court held them expeditiously.

The Supreme Court had passed the directions while cancelling the bail of the Ansal brothers on a petition by the Association of Victims of Uphaar Tragedy.

Sushil and Gopal Ansal are at present lodged in Tihar Central Jail here following their surrender before the trial court on cancellation of their bail by the Supreme Court.

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