Upahaar evidence tampering case: Sessions Court upholds magistrate court order, convicts Ansal brothers, two others
Jul 18, 2022
New Delhi [India], July 18 : The Sessions Court of Patiala House Court on Monday upheld the magistrate court judgement convicted real estate barons Sushil, Gopal Ansal and two others in Uphaar cinema fire evidence tampering case.
The District Judge of Patiala House Court Dharmesh Sharma on Monday found no merits in appeals moved by Sushil Ansal Gopal Ansal, PP Batra and Dinesh Chand Sharma. The court fixed the date to July 19, for the arguements on the quantum of punishment in the case.
However, Court has allowed the appeal of one co-accused Anup Singh in the case and granted him bail in the case.
On July 19, 2022, the same sessions will decide the period of sentences granted by the magistrate court needs any change or not.
Sushil and Gopal Ansal had challenged their conviction and sentecing to 7-year jail terms for tampering with evidence in a case related to 1997 Uphaar cinema fire, which had claimed 59 lives.
The Magistrate court awarded them seven years imprisonment and also imposed a fine of Rs 2.25 Crore. Other co-accused including former court staff Dinesh Chand Sharma and PP Batra and Anoop Singh were awarded 7-year-jail terms each and was imposed with a fine of three lakh rupees each.
The Delhi High Court earlier had dismissed the application of Ansal brothers which sought suspension of sentences.
In Delhi HC, Senior Advocate Abhishek Manu Singhavi, who appeared for Ansal, had submitted before the bench that no judicial system considered the primary conviction as final. There is a need to adopt a larger view and not a tectical one. He further submitted that the allegations related to continuing conspiracy of tampering with evidence. But there is no direct evidence of tempering the evidence. The only ground was that I would be the beneficiary of the delay.
Senior Advocate Vikas Pahwa appeared for the Association of The Victims of Uphaar Tragedy (AVUT) strongly opposed the petitions and 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 & fine of 2.25 Crores.
Chief Metropolitan Magistrate (CMM) Court on November 8 last year had sentenced seven-year imprisonment and imposed Rs 2.25-crore fine each on Sushil and Gopal Ansal for tampering with evidence
The Chief Metropolitan Magistrate Court while passing the order also said, "After thinking over nights and nights, I have come to the conclusion that they deserve punishment."
In the matter, Court had earlier convicted businessmen Sushil Ansal and Gopal Ansal along with their two employees among others in the case related to tampering with the crucial evidence in the 1997 Uphaar fire tragedy case. The Court had found all accused guilty under sections 409, 201, 120B of IPC and pronounced the order.
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'.
