Ansals fined Rs 60 cr, escape further jail term

New Delhi, August 19

The Supreme Court on Wednesday allowed businessmen Sushil and Gopal Ansal to walk free in the 1997 Uphaar fire tragedy case in which 59 movie-goers had died of asphyxia. They have been asked to pay a fine of Rs 30 crore each within three months.

The two were also awarded jail sentence for the terms they have already served — Sushil Ansal has spent five months in jail while Gopal has spend over four months.   

The three-judge bench of Justices AR Dave, Kurian Joseph and Adarsh Kumar Goel asked them to deposit their fines with the Delhi government, which will spend the money on welfare schemes.

Central Bureau of Investigation (CBI) argued for the convicts to complete their sentence in jail. Senior advocate KTS Tulsi, who represented the Association of Victims of Uphaar Tragedy (AVUT), meanwhile, wanted their sentences enhanced.

Five-nine people were killed and more than 10 injured in a fire in the theatre and the resultant stampede on June 13, 1997.

On March 5, 2014, a bench of Justices TS Thakur and Gyan Sudha Mishra had upheld Delhi’s High Court’s conviction of real estate barons Sushil and Gopal Ansal. The two judges, however, differed on the quantum of sentence — Justice Thakur agreed with the Delhi High Court’s verdict of one-year jail term for both but Justice Mishra considered Sishil Ansal’s age and reduced his sentence to the term already served in jail while enhancing Gopal’s sentence to two years.

During the hearing today, senior advocate Ram Jethmalani began his submission accusing employees of Delhi Vidyut Board (DVB) and said they escaped as they were government servants.

On the morning of the fateful day, a minor fire had broken out in the transformer and the DVB sent some small time ‘mistri’ instead of experts to fix the problem, he said.

“Mr Jethmalani, you cannot argue against the conviction. We can hear you only on quantum of sentence,” the bench said, adding that the previous bench had already upheld the conviction.

“File a review, if you want to challenge it,” the court said.

There was sharp exchange of words between Tulsi and Jethmalani when the former objected to the narration of facts.

“You sit down. I am entitled to raise it again and again,” Jethmalani told Tulsi.

Earlier, the Ansals had challenged their conviction and claimed they were in no way responsible for the tragedy as the fire had been caused by a faulty DVB transformer.

The CBI had filed an appeal challenging the alteration in conviction and reduction of sentence by the Delhi High Court on December 19, 2008. The sentence for the Ansals was reduced to one year as against the two-year sentence imposed by the sessions court.

AVUT had also approached the apex court seeking enhancement of sentence to the Ansals.

Two judges of the apex court bench had upheld the conviction, but they had differed on the quantum of sentence.

The matter was then referred to a three-judge bench.

How it happened

June 13, 1997: 59 people die of asphyxia in a fire in south Delhi's Uphaar cinema during the screening of Hindi movie "Border". Over 100 were injured in subsequent stampede.

July 22: Uphaar theatre owner Sushil Ansal and his son Pranav arrested in Mumbai.

July 24: Probe transferred from Delhi Police to Central Bureau of Investigation (CBI).

Nov 15: CBI files charge sheet against 16 accused including theatre owners Sushil and Gopal Ansal.

March 10, 1999: A sessions court initiates trial.

Feb 27, 2001: Court frames charges against accused under various sections, including sections 304 (culpable homicide), 304 A (causing death by negligent act) and 337 (hurt) of the IPC.

April 24: Delhi High Court awards Rs 180 million compensation to be paid to relatives of victims.

Nov 20, 2007: Court convicts all 12 accused, including Sushil and Gopal Ansal, in the case and sentences them to two years imprisonment.

Jan 4, 2008: Delhi High Court grants bail to Ansal brothers and two other accused.

Sep 11: Ansals sent to Tihar Jail after Supreme Court cancels their bail.

Dec 19: Delhi High Court upholds trial court order convicting Ansal brothers but reduces their sentence from two years to one year. Upholds

2009: CBI files appeal in SC seeking enhancement of sentence of Ansals.

Mar 5, 2014: SC upholds conviction of Gopal and Sushil Ansal. However, two judges differ on sentence. Case referred to three-judge bench.

Aug 11, 2015: Hearing begins on quantum of sentence.

Aug 19, 2015: SC allows Ansals to walk free, asks them to pay a fine of Rs 30 crore each. — PTI