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Journalism of Courage
A Delhi court Tuesday granted relief to real estate tycoons Sushil Ansal and Gopal Ansal, ordering their release from jail by asking them to serve only the sentence already undergone, in a case of tampering with evidence in the 1997 Uphaar cinema fire case. The court observed that a trial court had earlier passed a sentence that was “punitive and retributive in nature” to teach them a lesson.
A magisterial court had convicted and awarded seven-year jail terms to Ansals, besides imposing a fine of Rs 2.25 crore on each. On Monday, the court of District Judge Dharmesh Sharma upheld the conviction order of the Ansals and two others who had challenged conviction by a magisterial court. It, however, acquitted one co-accused, Anup Singh, and granted him bail.
Addressing chairperson of the Association of Victims of Uphaar Tragedy (AVUT) Neelam Krishnamoorti, who was present in court, District Judge Sharma said, “We empathise with you. Many lives were lost, which can never be compensated. But you must understand penal policy is not about retribution. We have to consider their (Ansals) age… Nothing can compensate your loss…,” he said.
Following the hearing, Krishnamoorti told The Indian Express, “I am angry with this order but not the least bit surprised. After all court hearings, they will walk free. This is injustice. This ruling will send the wrong message to society that culprits can get away with a lenient sentence.”
Senior advocate Vikas Pahwa, appearing for the AVUT, said that once the sentencing order is communicated to jail authorities, the Ansal brothers can walk free. “There are some cases which are remaining, however, that will not stop their release. We will appeal the order before the Delhi High court,” he said.
In his sentencing order, the judge considered the nature of the crime, social and economic status of the convicts, and many other factors like the impact on the speed of trial in the main case to state that the “quantum of sentence of imprisonment awarded by the trial court is not only harsh, onerous but also disproportionate to the offence committed”.
The judge said the “tone and tenor of trial court order would show the order was… punitive and retributive in nature so as to teach a lesson to the appellants Sushil Ansal and Gopal Ansal”.
(With inputs from PTI)
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