Smokescreen after the fire

The peeling paint on the board reads 8216;Uphaar Grand8217;. But there is little that8217;s grand about this crumbling theatre that playe...

The peeling paint on the board reads 8216;Uphaar Grand8217;. But there is little that8217;s grand about this crumbling theatre that played out a gruesome tragedy on the evening of June 13, 1997.

It was the first day screening of the film Border, when a fire broke out in Uphaar. While many in the audience managed to escape, those in the balcony were trapped. In just an hour, the fire left 59 dead and 104 injured. That was the last show at this Green Park theatre in New Delhi.

After the incident, the families of the victims formed the Association of Victims of Uphaar Tragedy AVUT and took their battle to court. Says Neelam Krishnamurthi of the AVUT who lost both her children, Unnati 17 and Ujjwal 13, to the fire, 8216;8216; It probably didn8217;t take more than two minutes for my children to be killed, will it take 20 years for me to get justice?8217;8217;

While the civil case was decided by the Delhi High Court last year, the criminal trial drags on. Says Neelam, 8216;8216;When we started we didn8217;t realise that it would take so long. Even for the case to be committed for trial it took more than a year.8217;8217;

A case under sections 304 A, of the IPC death due to negligence was lodged against main accused Sushil and Gopal Ansal8212;the owners of Ansals Theatres and Club Hotels Limited, and also officers of the MCD and Delhi Fire Service. The managers and the director of the cinema were booked under section 304 culpable homicide not amounting to murder.

At present, all accused are out on bail. Three of the 16 accused have died during the course of the trial.

In the civil case, the Delhi High Court on April 24, 2003, awarded a compensation of Rs 19 crore to the victims, but the amount is yet to be disbursed as appeals are pending before the Supreme Court.

The Ansals were to pay Rs 12 crore, while the DCP Licensing, MCD and Delhi Vidyut Board were to pay the rest. This also included Rs 2.5 crore as punitive damages. While the DVB, MCD and DCP Licensing have given their share, the Ansals are yet to pay up and have moved the apex court against the High Court order. The MCD and DCP Licensing have also filed appeals before the Supreme Court.

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After 344 hearings over seven years, 115 prosecution witnesses have been examined. After the High Court ordered expeditious trial in the case in 2002, ten days in a month were to be alloted and the case was to be concluded soon. But the AVUT alleges that the defence has been intentionally taking adjournements.

	CASE FILE
	Sniffed out 8226; In 2003, the High Court ordered the theatre owners to pay Rs 12 crore as compensation. The Ansals went to the Supreme Court instead 8226; Seven years and 344 hearings later, 115 prosecution witnesses have been examined 8226; As the criminal trial drags on, of the 16 accused, three have died

Additional Sessions Judge Mamta Sehgal observed in her December 12, 2003, order: 8216;8216;I find that such requests for adjournment are made on behalf of the accused earlier also and it shows that they intentionally want to delay the case.8217;8217;

Says senior advocate and former Additional Solicitor General K.T.S. Tulsi who has been fighting the civil suit for the victims: 8216;8216;The Delhi High Court verdict of April last year has clearly stated the cause of death as the complete failure of the enforcement agencies who allowed laws to be flouted. It8217;s a pity that even after this horrific incident, enforcement agencies continue to issue licences without following safety norms.8217;8217;

The ghost theatre at Green Park is a reminder of the cost of such carelessness.