Uphaar fire tragedy: SC allows Ansals' firm to approach trial court for de-sealing of cinema hall

New Delhi [India], April 27 : The Supreme Court on Thursday allowed Ansal Theaters and Clubotels Private Ltd to move the trial court for the de-sealing of Uphaar cinema hall where 59 movie-watchers had lost their lives in a blaze in 1997.
A bench of Justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullah asked the trial court to decide in accordance with law the plea, if moved by the firm, whose former directors were real estate barons Sushil Ansal and Gopal Ansal, within 10 weeks.
"Trial court to take a decision in accordance with the law, as early as possible, within a period of ten weeks," the apex court said.
The bench recorded the submissions of Delhi Police and the Central Bureau of Investigation (CBI) that they do not have any claim over the property.
The counsel appearing for the Ansal brothers, said, "Now that the trial in the main case is over, the cinema hall, which was sealed nearly 17 years ago, should be de-sealed."
Association of the Victims of Uphaar Tragedy (AVUT) president Neelam Krishnamoorthy submitted before the bench that the Ansal brothers were asked to deposit Rs 60 crore for the construction of a trauma centre in Delhi.
The counsel for the Ansal brothers said they have already deposited Rs 60 crore towards the construction of the trauma centre which is to come up at Dwarka.
AVUT had opposed the release of the cinema hall saying it might lead to the loss of crucial evidence that extra seats had resulted in the closure of the gangway leading to the death of cinema-goers.
On April 20, the apex court set aside the trial court proceedings against former IPS officer Amod Kanth in the 1997 Uphaar fire tragedy case over the lack of sanction for his prosecution.
The top court, however, made it clear that its order will not stand in the way of the competent authority taking a decision in the matter and granting sanction against Kanth in accordance with the law.
The top court on November 29, 2013, stayed the trial court proceedings against Kanth and sought the response of the CBI on the petition of the officer.
Kanth, who has since retired, had challenged the 2010 trial court order summoning him for allowing extra seats in the Uphaar cinema hall where 59 movie-watchers died in a blaze in 1997.
The trial court had summoned the IPS officer on a plea by the victims of the fire incident and their families.
The Delhi High Court on October 3, 2013, had declined to quash the summons issued to Kanth and thereafter he approached the top court.
59 people died when a fire broke out during the screening of the Bollywood movie 'Border' in the Uphaar theatre in the Green Park area of South Delhi on June 13, 1997. Over 100 were injured in the subsequent stampede.
The apex court on February 9, 2018, had asked Gopal Ansal to serve a one-year jail term in the fire tragedy case, while his elder brother Sushil Ansal's imprisonment was set off against the term he had already served in jail.
The Delhi High Court had on December 19, 2008, awarded a one-year jail term to both Sushil and Gopal Ansal in the case while reducing the two-year sentence imposed on them by the trial court.