Polluters of judicial firmament are required to be shown no leniency, says court while dismissing Ansal's plea in Upahar case

By Sushil Batra
New Delhi [India], December 3 : The Sessions Court of Patiala House Court on Friday while dismissing Businessmen Ansal brothers plea of 'Suspension of the sentence' in tampering with evidence in the 1997 Uphaar fire tragedy case, stated that the polluters of the judicial firmament are required to be shown no leniency to maintain the sublimity of the institution, and recourse faith in the general public in the administration of justice.
The Additional Sessions Judge Anil Antil while passing the order also said, "any interference in the course of justice, any obstruction caused in the path of those seeking justice are an affront to the majesty of law and needs to be viewed seriously".
Court also noted that the crime involved in the present case is of a very grave nature, suspending sentences at this stage where not only be against the established principles of criminal law but shaking the confidence of the general public in the judicial system. It is trite to say that if the judiciary as an institution began to lose the confidence of the public our cherished value of democracy shall come under serious threat.
"Considering the nature and gravity of the offence, the antecedents of the convicts, the impact of the public confidence in courts, and importantly absence of any extraordinary circumstances meriting suspension of sentence, the application u/s 389(1) Cr.P.C moved on behalf of all the above-named appellants/convicts namely Gopal Ansal, Sushil Ansal, P.P. Batra, Dinesh Chandra Sharma and Anoop Singh Karayat accordingly stands disposed of off as Dismissed", court-ordered
The Patiala House Court's Sessions Judge on Friday dismissed the petition of Businessmen Ansal Brothers and three other persons sought suspension of sentence in tampering with evidence in the 1997 Uphaar fire tragedy case during the pendency of their appeal.
The Businessmen Sushil Ansal, Gopal Ansal and others have recently moved Session Court against Magistrate Court's order convicting and sentencing them to 7 years jail for tampering with evidence in the 1997 Uphaar fire tragedy case.
Earlier Delhi Police has strongly opposed the appeal of Ansal Brothers and others seeking suspension of sentence and said it will trigger the mental trauma and agony of victims.
The Association of Victims of Upahar Tragedy (AVUT) last week also opposed the Businessmen Ansal brothers and others' application for suspension of sentence primarily on the ground of the gravity of the offence.
Senior Advocate Vikas Pahwa appeared for AVUT also submitted that the offence of tampering is extremely serious in nature, as it affects the entire criminal justice system. It is direct interference in the administration of justice and thus requires serious consideration while Suspending the sentence of seven years & a fine of 2.25 Crores.
The Chief Metropolitan Magistrate recently in judgement imposed a fine of Rs 2.25 Crores against Sushil Ansal and Gopal Ansal each in the matter. The court while passing the order also said "After thinking overnights and nights, I have come to the conclusion that they deserve punishment.
The Court had found all accused guilty under sections 409, 201, 120B of IPC and pronounced the order. Along with the Ansal brothers, a court staff Dinesh Chand Sharma and other individuals PP Batra, Har Swaroop Panwar, Anoop Singh, and Dharamvir Malhotra were booked in the tampering of evidence case.
Out of seven accused, two accused Har Swaroop Panwar and Dharamvir Malhotra died during the course of the trial. At least 59 people died of asphyxia and over 100 others were injured in the stampede after fire broke out in Uphaar cinema on June 13, 1997, during the screening of JP Dutta's film 'Border'.