The victims of 1997 Uphaar fire tragedy on Tuesday moved the Supreme Court seeking modification of its order sentencing Sushil Ansal to the period already undergone by him in jail due to his age-related complications. Association of Victims of Uphaar Tragedy (AVUT) mentioned the matter before a bench headed by Chief Justice J S Khehar which agreed to list the plea for hearing on Wednesday before the bench concerned.
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In its application, AVUT has sought modification of the order granting relief to Sushil Ansal due to “age-related complications” saying no evidence in this regard was ever placed on judicial record by him.
It said both Sushil and Gopal Ansal, who was sentenced to one year jail term by the apex court, are healthy and be sent to jail to serve the remaining sentence in the case relating to the Uphaar cinema fire tragedy that had killed 59 people on June 13, 1997.
A three-judge bench headed by Justice Ranjan Gogoi, in a 2:1 majority verdict on February 9, had granted relief to 76-year-old Sushil Ansal considering his “advanced age-related complications” by awarding him jail term already undergone and had asked younger sibling Gopal to surrender in four weeks to serve the remaining jail term.
The plea by AVUT would come up for hearing tomorrow before a bench headed by Justice Gogoi along with the fresh plea filed by Gopal Ansal, who has sought the relief on the ground of parity saying he also should not be asked to serve the remaining period of the one-year jail term like his elder brother in the case.
“No evidence or material was ever placed on record, either in the course of the appeals or the review petitions, by Sushil Ansal that suggests that he is having any medical complication(s),” the association has said in its application.
Senior advocate K T S Tulsi, appearing for AVUT led by Neelam Krishnamoorthy, mentioned the matter before the bench and said no evidence have been placed on record that Sushil Ansal had any age-related health complications.
“It is most respectfully submitted that no evidence or material was ever placed on record, either in the course of the appeals or the review petitions, by Sushil Ansal that suggests that he is having any medical complication(s). Even in the course of submissions, no such medical evidence was placed by him before this Court,” the AVUT’s application said.