Uphaar evidence tampering case: Court orders release of Ansals brothers, other convicts

New Delhi [India], July 23 : A Delhi court on Tuesday ordered the release of Sushil and Gopal Ansal and the other two convicts against the jail term already undergone by them in a case of evidence tampering with the case related to the 1997 Uphaar cinema fire.
After hearing the judgement, the victim of the Uphaar tragedy and complainant Neelam Krishnamoorthy called the judgement 'disappointing and biased'.
The convicted had challenged the conviction and sentence of seven years and a fine, in this case, awarded by the Chief Metropolitan Magistrate court last year. The 4 appeals were dismissed yesterday and the appeal filed by Anoop Singh was allowed, he was acquitted. The case was fixed for argument on the quantum of sentence.
District and Sessions Judge Dharmesh Sharma deliver the verdict after hearing the submission on the quantum of the sentence.
The judge said, "In the Uphar tragedy 59 lives were lost, families of victims suffered a lot but they cannot come. The accused in the case suffered during the trial.
Considering the age of convicts and other conditions, we deem it fit to release them on the period already undergone in jail."
The judge stated that the court is granting relief to them in terms of the sentence and not the fine. The fine imposed on them would be realised and be paid to the families of the victims.
Senior advocate N Hariharan had argued for Sushil and Gopal Ansal. He had submitted that considering the age and medical condition the appellant should be released on the period already undergone. They have spent almost nine months in custody in this case.
The counsel of the other accused also took the same plea and submitted that have already suffered during the trial for almost a decade. They should be released against the period undergone by them in the custody.
Senior advocate Hariharan submitted that in the main Uphaar case, SC had considered the advanced stage and age of Sushil Ansal. The period was undergone and was directed to pay the fine. His age is in an advanced stage and his medical condition is deteriorating further. Now around 82. Twenty years have gone by since the time of the incident. The process itself is a punishment.
He also submitted that Gopal Ansal is 74 years of age and has various ailments like Diabetes and hypertension, Renal disorder, and Liver damage. He was infected with COVID-19 and lung capacity has been affected.
On the other hand, senior public prosecutor AT Ansari opposed the submission. He argued that sentences should not be decreased as this matter is different from other cases. He also submitted that it is a case of tampering with evidence caused by the appellant. They delayed the trial of the case. It shows their conduct. They don't deserve to be released on the period undergone in the custody.
They are a threat to the criminal justice delivery system, they don't deserve any leniency.
As many as 59 people were killed and more than 100 were injured in the Uphaar fire tragedy case.
Sentencing is the discretion of the court but parameters are there and certain facts should be taken into consideration. This is not an ordinary case of evidence tampering, Ansari argued.
He submitted, "Your honour, I am a victim and learned friends are victims."
The purpose of sentencing is to send a message to society. This message should not go out that they are big people and can do anything. This perception should be broken.
He argued that when they committed the crime, they were 63, and they delayed the trial. "Now claiming they are old."
Victim of Uphar tragedy and complainant Neelam Krishnamoorthy said that Gopal Ansal filed a false affidavit and misled the court.
She said that she lost her children in this case. "Nobody is there to take care of us. Nobody is there to cremate us after we die. Why victims are forgotten. I spent 25 years in court, I spent my youth."
Sushil Ansal submitted before the court that the Uphaar case was a tragedy and not his fault.