The Hindu : New Delhi News : High Court sees lapses in Uphaar prosecution

Online edition of India's National Newspaper
Saturday, Dec 20, 2008
ePaper | Mobile/PDA Version

New Delhi

New Delhi

High Court sees lapses in Uphaar prosecution

Staff Reporter

CBI directed to complete the task in a time-bound manner

– Photo: PTI

Disappointment: Relatives of victims of the Uphaar fire tragedy coming out of the court in New Delhi on Friday after the High Court reduced the jail term of Ansal brothers, who own the cinema hall, from two to one year.

NEW DELHI: The High Court has expressed its serious concern over the manner in which the Uphaar fire tragedy case was prosecuted.

“The evidence gathered and placed before the Court showed that there were glaring lapses in the Licensing Department, the Municipal Corporation of Delhi (MCD) and the then Delhi Vidyut Board (DVB) Electrical Inspectors office,” Justice S. Ravindra Bhat of the Court observed while pronouncing his judgment on Friday on appeals by 11 accused persons against their conviction in the Uphaar fire tragedy case by the trial court.

“Accused after accused argued that several senior officials in these departments were either kept out of the orbit of investigation or were deliberately not sent up as accused. These concerns were held to be justified by the trial court, which directed the Central Bureau of Investigation (CBI) to investigate into the role of such persons,” the Court said. Commenting on the response of the CBI to trial court’s directions, Mr. Justice Bhat said: “Though more than a year has elapsed, nothing seems to have happened. On the other hand, the CBI chose to array as accused for the charge under Section 304 Part-II of IPC persons against whom there was no material to substantiate knowledge,” he further observed. Stating that the horrific nature of the tragedy, understandable anguish of survivors and their relatives, and their determination to see that the law was enforced could not be lost sight of, Mr. Justice Bhat said that yet, that should not obscure the Court’s duty to ensure that the accused were convicted on the basis of proof beyond reasonable doubt, the only standard ordained by the law and equally applicable to all citizens.

The Court directed the CBI to complete the task as directed by the trial court in a time-bound manner and report its conclusions, in accordance with law, to the trial court on or before March 15, 2009.

Printer friendly page
Send this article to Friends by E-Mail

New Delhi