Uphaar fire tragedy

The Supreme Court has accepted the review petition of its controversial Uphaar fire tragedy sentencing verdict, which had seen the two accused escape without any additional jail time.

Justices Anil R Dave, Kurian Joseph and Adarsh Kumar Goel will hear in their chambers at 1.45 pm today the review petitions filed by the CBI and the Association of Victims of Uphaar Tragedy (AVUT) against the judgment delivered by them on 23 September 2015 substituting the sentences of the convicts, Sushil Ansal and Gopal Ansal with a fine of Rs 30 crore to be paid by each.

While Sushil Ansal got relief on the ground of old age, Gopal Ansal’s sentence was substituted on the ground of parity.

When the CBI’s counsel, Harish Salve and AVUT’s counsel, KTS Tulsi expressed the grievance that they were not heard before the bench decided to substitute the sentences of the convicts, Justice Dave had advised Salve to file a review petition, raising the same grievance.

The 23 September judgment had led to considerable outrage.

The AVUT, in its review petition filed separately, has sought the hearing of the petition in open court. If the Judges agree to do so, it will be listed separately for hearing in open court, for hearing arguments from both the sides. If the judges do not see merit in the plea for open court hearing, the review petition may be dismissed in chambers without any reasons being given.

In view of the dissatisfaction with the 23 September 2015 ruling, observers expect the bench to agree to open court hearing of the review petitions.

Legally India will update after the chamber hearing.

The Supreme Court has said that the magnitude of the Uphaar fire tragedy may call for “higher sentence” but it could not go beyond the choices under the law while sentencing brothers and real estate barons Sushil and Gopal Ansal who own the Uphaar cinema hall, represented by senior counsel Ram Jethmalani.

The Supreme Court yesterday (20 August) declined the CBI’s plea to put forward its arguments on the period of sentence for Ansal brothers - Sushil and Gopal - following their conviction for negligence in 1997 Uphaar fire tragedy which claimed 59 lives.