Uphaar fire tragedy: Delhi HC issue notice to Delhi Police on plea of convict in tampering with evidence

New Delhi [India], October 19 : The Delhi High Court on Wednesday issued notice to Delhi Police on a plea of P P Batra challenging his conviction in tampering with evidence in a case connected with the Uphaar Fire Tragedy of 1997.
Justice Purushaindra Kumar Kaurav issued a notice to Delhi police and directed them to file a reply to the plea of PP Batra. The bench has listed the matter in the regular list.
At least 59 people died of asphyxia and over 100 others were injured in the stampede after a fire broke out in Uphaar cinema on June 13, 1997, during the screening of JP Dutta's film 'Border'.
Earlier, the High Court had issued a bailable warrant against Batra for non-appearance. The High court had earlier issued notice to him on the petition moved by the Association of Victims of Uphaar Tragedy (AVUT) against the trial court judgement reducing the sentence in the case.
The bench granted eight weeks' time to respondents to file replies and status reports on the petition of AVUT.
On the other hand, the bench had also issued the notice on the petition moved by Sushil Ansal, one of the convicts in the Uphaar Tampering of Evidence case passed by the trial court.
The Sessions Court passed the judgement on July 18 in 2022 upholding the conviction awarded to the petitioner. The Session court on July 19 reduced the jail term awarded to the petitioner to the period he spent in the prison subject of fine of Rs. 3 crores within a period of seven days.
Sushil Ansal has challenged the judgement of the trial court that an Appellate Court hearing a criminal appeal must apply its independent mind and record its own findings on the basis of its own assessment of the evidence.
It is stated in the appeal moved through advocate Gautam Khazanchi that mere reproduction of the assessment of the Trial Court is insufficient and cannot be sustained. In the present case, the Appellate Court has erred in law by mechanically adopting the reasoning (s) provided by the Trial Court which on the face of it are erroneous and contrary to the provisions of law.
It was also contended that the Appellate Court has not dealt with the contentions raised by the Petitioner in the Impugned Judgment and the same has caused a grave miscarriage of justice.
It is settled law that this Court can set aside a finding of fact if the same is based on no evidence or misreading of evidence or is grossly erroneous causing miscarriage of justice, the appeal of Sushil Ansal's contended.
The bench had listed both petitions for hearing on December 13 in the regular list. The matter related to the appearance of PP Batra has been listed in advance.
Earlier, the AVUT had moved Delhi HC against a Trial court order which had reduced their Ansal Brothers' jail term in an evidence tampering case linked to the Uphaar fire tragedy of 1997 in which 59 people were killed and over 100 were injured.
The bench of Justice Asha Menon on September 5 this year had sought a response of all accused in the matter. Senior counsel Dayan Krishnan appeared for the state (Delhi Police) and said that they support the petition and would file an appeal.
AVUT also challenged the July 18 this year order passed by the Principal District and Sessions Judge of Patiala House Court who had reduced real estate baron Ansal brothers' 7-year jail term to the "period already undergone" in judicial custody in the case.
Senior Advocate Vikas Pahwa appeared for the AVUT and sought the direction of the Delhi High court to set aside the order passed on July 18 and also issue direction to enhance the sentence awarded by the Principal District and Sessions Judge from the period already undergone to the original sentence of 7 years awarded by Magistrate Court on November 8 in 2021.
The victim association through Sr Advocate Vikas Pahwa submitted that the Trial Court order is contrary to established principles of law on sentencing and is ignorant of the conduct and criminal antecedents of the accused. Through their acts, the accused have tried to meddle with the functioning of the judicial system and the impugned judgement fails to appreciate the gravity of the offences committed by them, stated AVUT plea.
The Trial Court, while reducing the jail term of convicts, had increased a fine of Rs. 3 Crores for each of them in three sections related to conspiracy, criminal breach of trust and destruction of evidence. Earlier the lower court had imposed a fine of Rs. 2.25 Crores each on them.
The Principal District and Sessions Judge Dharmesh Sharma had observed, the whole tone and tenor of the order on Sentence of the Chief Metropolitan Magistrate (CMM) to be 'punitive and retributive,' considering the nature of the crime, the social and economic status of the appellants/ convicts, the duration of crime committed. Ultimate impact on the speed of the trial in the main Uphaar case and the mitigating circumstances brought forth by the learned Counsel for the appellants to hold that quantum of sentence of imprisonment awarded by the Trial Court was harsh and disproportionate to the offence committed.
Principal District and Sessions Judge had observed that "At the cost of repetition, this Court understands that Uphaar fire tragedy was one where several lives were lost and many were injured that must have caused a deep anguish, pain and perennial misery to the affected family members and it is to comprehend that family members would be able to forget the such incident and forgive the offenders", the court observed in the order.
It was observed, " It strikes to human notions and understanding that the surviving family members who have now joined together by forming an association ' AVUT' do not want the culprits to go scot-free and enjoy any rights and liberties in the remainder of their lives but this whole criminal litigation cannot be converted by the prosecution into an inhuman and vindictive approach to the present appellants/convicts."
The Court sentenced Sushil and Gopal Ansal for the period already undergone and imposed a fine under section 120B (conspiracy), one crore under section 409 (criminal breach of trust) and one crore under section 201 (destruction of evidence) of IPC.
The court sentenced the convict PP Batra for the period already undergone during custody. The court fined him for Rs. 10000 for conspiracy, Rs. 10000 for criminal breach of trust and Rs. 10000 for the offence of destruction of evidence.
The court also sentenced Dinesh Chandra Sharma for the period already undergone during custody in jail. The court fined him for Rs. 25000 for the offence of conspiracy, Rs. 25000 for the offence of criminal breach of trust and lastly for Rs. 10000 for the offence of destruction of evidence.
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 overnight and night, I have come to the conclusion that they deserve punishment."