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Journalism of Courage
Real estate baron Gopal Ansal Friday failed to get any imminent reprieve in the 1997 Uphaar fire case after the Supreme Court clarified that his plea against being sent back to jail can come up for hearing only after he fulfills the norms and clears all objections against the filing. In his application, Gopal Ansal has sought parity with his elder brother Sushil Ansal, who was let off for serving the term already undergone due to his advanced age and medical conditions. Representing Gopal, senior lawyer Ram Jethmalani told Chief Justice of India J S Khehar that the application to modify the court’s February 9 order could not get listed for hearing on Friday despite the CJI’s direction. He pointed out that the court registry had raised certain objections to the application and hence it could not be listed for a hearing on Friday.
At this, Justice Khehar replied that he had previously made it clear that the case would be listed only if there are no objections. “We had said it would be listed immediately, subject to no objections. But now there are objections, so you will have to clear those first. Norms are meant for everyone,” the CJI said.
Jethmalani retorted that his client would be filing an appeal against the registry’s order of not listing the case. “But I also have been asked to surrender on a certain date and it is near. Great injustice will be caused to me if I am in custody before my application is heard,” he contended.
The CJI, however, declined to entertain Jethmalani’s plea. “Justice or injustice… we are not going to say anything. We cannot say he does not have to surrender in the meantime. You file an appeal and it would be listed if there are no objections. We will hear it on Monday,” said the CJI.
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