The Supreme Court on Tuesday agreed to hear Gopal Ansal’s request to be treated on par with his elder brother, Sushil, who was allowed to skip prison term citing advanced age and ill-health in the 1997 Uphaar fire tragedy case
On February 9, a three-judge Bench of the Supreme Court, on a 2:1 majority verdict, allowed 76-year-old Sushil to walk free while Gopal was ordered to surrender in four weeks.
Criminal negligence
Both had been found guilty of criminal negligence, resulting in the death of 59 people, many women and children, trapped inside the cinema hall when a fire broke out during the screening of a movie in their theatre here.
Making an urgent mention before a Bench led by Chief Justice of India J.S. Khehar, senior advocate Ram Jethmalani asked for a week more for Gopal to surrender.
The Chief Justice told Mr. Jethmalani that his client would have to wait till March 3.
“We can put it up for Friday if there is no objection,” the Chief Justice said.
Mr. Jethamalani submitted that Gopal also suffered from the same age-related ailments like his elder brother and should not to be sent to prison. Besides, he had also paid ₹30 crore in fine.
‘No review’
Senior advocate K.T.S Tulsi, appearing for the Association for Victims of Uphaar Tragedy (AVUT) led by Neelam Krishnamoorthy, opposed the plea, saying the review pleas of the CBI and the association had already been decided and “there cannot be a review of the review judgment.”
Aparajita Singh, appearing for the CBI, said the remedy available to the convict was to file a curative plea and no fresh application could be filed in a decided review petition.
