The Delhi High Court on Monday issued notice to Sushil Ansal, Gopal Ansal and other accused on a plea moved by the Association of Victims of Uphaar Tragedy (AVUT).
AVUT has moved Delhi HC against the Trial court order which had reduced the Ansal Brothers' jail term in an evidence tampering case linked to the Uphaar fire tragedy of 1997 in which 59 people were killed and over 100 were injured.
The bench of Justice Asha Menon on Monday sought the response of all accused/ respondents in the matter and listed the matter for October 11, 2022. Senior counsel Dayan Krishnan appeared for the state (Delhi Police) and said that they support the petition and would file an appeal.
AVUT has challenged the July 18, 2022 order passed by the Principal District and Sessions Judge of Patiala House Court who had reduced the real estate baron Ansal brother's 7-year jail term to the "period already undergone" in judicial custody in the case.
Senior Advocate Vikas Pahwa appeared for the AVUT and sought the direction of the Delhi High court to set aside the order passed on July 18 and also issue direction to enhance the sentence awarded by the Principal District and Sessions Judge from the period already undergone to the original sentence of 7 years awarded by magistrate Court in an order dated November 8, 2021.
The victim association through Senior Advocate Vikas Pahwa submitted that the Trial Court order is contrary to established principles of law on sentencing and is ignorant of the conduct and criminal antecedents of the accused. Through their acts, the accused have tried to meddle with the functioning of the judicial system and the impugned judgement fails to appreciate the gravity of the offences committed by them, stated AVUT plea.
The Trial Court while reducing the jail term of convicts, had increased a fine of Rs. 3 Crores each of them in three sections related to conspiracy, criminal breach of trust and destruction of evidence. Earlier the lower court had imposed a fine of Rs. 2.25 Crores each on them.
The Principal District and Sessions Judge Dharmesh Sharma observed, the whole tone and tenor of the order on Sentence of the Chief Metropolitan Magistrate (CMM) to be 'punitive and retributive,' considering the nature of the crime, the social and economic status of the appellants/ convicts, the duration of crime committed and ultimate impact on the speed of the trial in the main Uphaar case and the mitigating circumstances brought forth by the learned Counsel for the appellants to hold that quantum of sentence of imprisonment awarded by the Trial Court was harsh and disproportionate to the offence committed.
Principal District and Sessions Judge Dharmesh Sharma observed that "At the cost of repetition, this Court understands that Uphaar fire tragedy was one where several lives were lost and many were injured that must have caused a deep anguish, pain and perennial misery to the affected family members and it is to comprehend that family members would be able to forget such incident and forgive the offenders", the court observed in the order.
It was observed, " It strikes to human notions and understanding that the surviving family members who have now joined together by forming an association ' AVUT' do not want the culprits to go scot-free and enjoy any rights and liberties in the remainder of their lives but this whole criminal litigation cannot be converted by the prosecution into an inhuman and vindictive approach to the present appellants/convicts."
The Court sentenced Sushil and Gopal Ansal for the period already undergone and imposed a fine under section 120B (conspiracy), one crore under section 409 (criminal breach of trust) and one crore under section 201 (destruction of evidence) of IPC.
The court sentenced the convict PP Batra for the period already undergone during custody. The court fined him Rs. 10000 for conspiracy, Rs. 10000 for criminal breach of trust and Rs. 10000 for the offence of destruction of evidence.
The court also sentenced Dinesh Chandra Sharma for the period already undergone during custody in jail. The court fined him Rs. 25000 for the offence of conspiracy, Rs. 25000 for the offence of criminal breach of trust and lastly Rs. 10000 for the offence of destruction of evidence.
Chief Metropolitan Magistrate (CMM) Court on November 8 last year had sentenced seven-year imprisonment and imposed Rs 2.25-crore fine each on Sushil and Gopal Ansal for tampering with evidence
The Chief Metropolitan Magistrate Court while passing the order also said "After thinking overnights and nights, I have come to the conclusion that they deserve punishment."
At least 59 people died of asphyxia and over 100 others were injured in the stampede after fire broke out in Uphaar cinema on June 13, 1997, during the screening of JP Dutta's film 'Border'.
( With inputs from ANI )
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