The CBI and the Association of Victims of Uphaar Tragedy on Friday moved the Supreme Court seeking review of its verdict in the 1997 Uphaar fire tragedy in which 59 cine-goers had died of asphyxia during the screening of Bollywood movie Border .
The probe agency, in its review plea, has said the apex court did not give it time to put its views forth which has resulted in the “miscarriage of justice”.
“Due to the paucity of time on the day on which this case was heard, the prosecution could not adequately put across the reasons why this court should not substitute a monetary fine in place of a jail sentence.
“This petition also seeks to raise issue of an apparent error of law in the judgement and order of this court which has occasioned a grave miscarriage of justice,” the agency said in its plea.
The association and the CBI have also filed application seeking open court hearing on the review pleas.
A three-judge bench had, on August 19, sent the cinema’s owners Ansal brothers, Sushil and Gopal, to two-year rigorous jail term if they failed to pay Rs. 30 crore each within three months.
In a judgement on September 23, the bench had said the “magnitude” of the tragedy case “calls for a higher sentence” but the court has to limit itself to the choice available under the law.
The review plea filed by the AVUT, said, “the impugned orders are in gross violation of natural justice and have been passed without affording victims any effective, meaningful hearing.”
It said the apex court judgements “bestow an unwarranted leniency on convicts whose conviction in the most heinous of offences has been upheld by all courts including this Court and sentences imposed on them have been substituted with fine without assigning any reason or basis”.
“The sentences of the convicts have been reduced to the period undergone without taking into account the gravity of their offence,” it said.
The agency, too said that the “callousness” of the Ansal brothers led to 59 people being trapped and suffocated to death in the theatre.
“The callousness of the accused — held by the Trial Court, High Court, and this Court to be criminal negligence — resulted in 59 people being trapped in balcony of the theatre and suffocating to death, only because accused had not followed the rules which enjoin features which would enable public visiting such public places to evacuate with safety,” it said.
