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This is an archive article published on November 7, 2015

Uphaar case: CBI, victims’ association move SC for review of verdict

The review plea filed by the victims’ association said the judgment is “in gross violation of natural justice and has been passed without affording victims any effective, meaningful hearing”.

Uphaar fire tragedy, Uphaar fire, Uphaar cinema fire, uphaar, delhi fire, ansal brothers, sushil ansal, gopal ansal The cinema hall’s owners Gopal and Sushil Ansal, who were held guilty of “criminal negligence”, had escaped further jail term.

The Central Bureau of Investigation (CBI) and the Association of Victims of Uphaar Tragedy (AVUT) Friday moved the Supreme Court, seeking review of its verdict in the 1997 fire tragedy, in which 59 people were killed in a blaze inside Delhi’s Uphaar cinema hall.

The cinema hall’s owners Gopal and Sushil Ansal, who were held guilty of “criminal negligence”, had escaped further jail term, with the Supreme Court noting that Sushil is “fairly aged” and his younger brother deserves “parity” with him. Sushil is 75, while Gopal is 67.

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The CBI said the three-judge bench did not give it ample time to argue the matter. “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,” stated the petition.

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The review plea filed by the victims’ association said the judgment is “in gross violation of natural justice and has been passed without affording victims any effective, meaningful hearing”.

It said the apex court judgments “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.” Both the petitions have sought a further jail term for Ansal brothers, contending that their sentences have been reduced to the period undergone without taking into account the “gravity” of their offence and their “callousness”.

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