Upahaar Evidence tempering case : Delhi HC refuses to suspend sentence of Ansal brothers

New Delhi [India], February 16 : The Delhi High Court on Wednesday refused to suspend the sentences of a seven-year jail term of real estate barons Sushil, Gopal Ansal in the Uphaar cinema fire evidence tampering case.
The bench of Justice Subramonium Prasad on Wednesday dismissed the application seeking suspension of sentences of businessmen. Meanwhile, Justice Prasad allowed the application of suspension of sentence of one other accused Anoop Singh.
The trial court had awarded them seven years imprisonment and also imposed a fine of Rs. 2.25 Crore.
Senior Advocate Abhishek Manu Singhvi, appeared for Ansals, earlier 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 tactical one. He further submitted that the allegations were 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 delay," he added.
Senior Advocate had argued for Ansals, ''Everything was based on the point of benefit from conspiracy. But there can not be an open-ended, continuing conspiracy. He said 95 per cent of documents were those whose author was not examined. In this situation, the admissibility of a document can't go without the authenticity of the author.
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 & a fine of 2.25 Crores.
Businessmen Gopal Ansal, Sushil Ansal and one other had moved the Delhi High Court against the order of Session Court. The sessions court had not suspended their sentence.
Earlier they moved Sessions Court against Magistrate Court order convicting and sentencing them to 7 years jail for tampering with evidence in the 1997 Uphaar fire tragedy case.
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
CMM Dr Pankaj Sharma was sentenced to seven years jail terms to convict businessmen Sushil Ansal and Gopal Ansal and three others in the case related to tampering with the crucial evidence in the 1997 Uphaar fire tragedy case. The Court also ordered to take them into custody.
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.
Along with 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'.