The Hindu : New Delhi News : High Court reduces Ansal brothers’ jail term to one year in Uphaar case

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High Court reduces Ansal brothers’ jail term to one year in Uphaar case

Nirnimesh Kumar

Gives precedence to no previous criminal record, education over their culpability

The brothers guilty of breach of safety norms, says High Court
A sessions court had awarded the two the maximum sentence of two years

Conviction upheld: Gopal Ansal (left) and Sushil Ansal

NEW DELHI: The Delhi High Court on Friday commuted the two-year rigorous imprisonment awarded to Gopal Ansal and Sushil Ansal by the trial court to one year in the Uphaar fire tragedy case of June 13, 1997.

It gave precedence to mitigating factors of no previous criminal record, education and respect in society over their culpability.

A sessions court here, in this November, awarded the two the maximum sentence of two years, holding them guilty of causing death due to negligence.

Factors in favour

As many as 59 visitors were asphyxiated to death in the fire in the hall while watching the matinee show of the Hindi film “Border.”

Counsel for the Ansal brothers argued that there was no previous criminal record against them and their educational qualifications and respect in society were mitigating factors in favour of them.

Justice S. Ravindra Bhat said: “Having regard to all the factors so far as appellants Sushil Ansal and Gopal Ansal are concerned, imposition of the maximum sentence is not justified. Ends of justice would be served if the sentence is modified to rigorous imprisonment for a period of one year with a fine of Rs. 5,000 each under Section 304-A of the Indian Penal Code.”

Set-off benefit

The court also gave the two brothers the set-off benefit: deduction from their sentence the days they had been in prison in connection with the case.

Both brothers were now lodged in the Tihar jail here. Mr. Gopal has so far spent 98 days in prison while his elder brother Mr. Sushil Ansal has spent 135 days.

However, Justice Bhat found no infirmities in the trial court’s verdict of holding the two brothers guilty of breach of several mandatory safety norms in the cinema hall.

Ansals’ contention

The Ansals argued that they were not liable for the tragedy as the fire had originated from the transformers installed by the then Delhi Electric Supply Undertaking in the basement.

“The role of the two accused was that the series of decisions taken by them led to breach of several mandatory safety norms, which led to blocking of easy exit in the balcony. This court has rejected their contention that they were not responsible. As leaders of the enterprise, they were under the full-time duty to ensure the viewers’ safety at all times.”

12 accused

There were 12 accused in the case. One of them, Uphaar manager Ajit Chaudhary, died recently in the Tihar jail. He was serving sentence in the case.

The sessions court had sentenced three of them — Municipal Corporation of Delhi officials Shyam Sunder Sharma and N.D. Tiwari, and Divisional Officer of the Delhi Fire Service H.S. Panwar — to two years rigorous imprisonment, while the remaining seven — Uphaar managers R.K. Sharma and Ajit Chaudhary (since dead), assistant manager N.S. Chopra and gatekeeper Manmohan Uniyal; Delhi Vidyut Board (DVB) inspectors B.M. Satija and A.K. Gera and senior fitter Bir Singh — were sentenced to seven years rigorous imprisonment under the culpable homicide not amounting to murder charge.

The High Court acquitted R.K. Sharma, N.S. Chopra, N.D. Tiwari and A.K. Gera while commuting the sentence of H.S. Panwar to one year and that of B.M. Satija to two years.

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