Delhi: Forgery charges framed against Uphaar Cinema fire tragedy convict

“…it is observed that prima facie, the accused has consciously concealed the details of criminal cases pending against him...,” the order, passed by chief judicial magistrate Shriya Agrawal of Patiala House Courts on November 28, mentioned.

A Delhi court has issued forgery charges against Sushil Ansal — convict in Uphaar Cinema fire tragedy — for allegedly concealing past criminal cases while applying for a passport in 2013, noting that subsequent acknowledgement of unintentional mistake cannot erode the accused’s previous culpability.

The plea also pointed out several grievances in the Delhi Police’s investigation and filing of the charge sheet.

“…it is observed that prima facie, the accused has consciously concealed the details of criminal cases pending against him as also the order of conviction, in the sworn affidavit filed by him with the passport verification filed by him in 2013, in the teeth of Section 12 of the Passports Act,” the order, passed by chief judicial magistrate Shriya Agrawal of Patiala House Courts on November 28, mentioned.

The court added that subsequent acknowledgement of “unintentional mistake” by the accused, cannot erode the previous culpability, as the accused had used the valuable document throughout, based on misleading declarations in breach of the statutory requirements.

According to prosecution, Ansal had applied for passport issuance on multiple occasions, suppressing facts, he having secured the same in 2000 for an address at Panchsheel Park and later in 2004 for another address at Feroz Shah Road though without any thorough verification.

Following a writ petition filed by Association of the Victims of Uphaar Tragedy (AVUT), in the Delhi High Court, a case of cheating was lodged by the Delhi Police Crime Branch in 2019.

In November 2007, a decade after the tragedy that killed 59 people, a trial court convicted realty tycoons Gopal Ansal and his brother Sushil Ansal, among others, and sentenced them to two years in prison, as per the Indian Penal Code (IPC). In December 2008, the Delhi High Court upheld the conviction but reduced the sentence to one year.

In February 2017, the Supreme Court directed both of them to pay a fine of ₹30 crore each, for the construction of a trauma centre. While Sushil, who spent a little over five months in jail, was let off for the period already served on account of his age (then 77), then 68-year-old Gopal Ansal was directed to undergo one year of imprisonment.

In July 2022, a Delhi court convicted the brothers in another case pertaining to the fire, related to tampering with and destroying evidence. The brothers were let off by the court in the case for the period already served by them during the pendency of the case.

The case pertaining to passport forgery, where only Sushil Ansal stands as an accused, is currently at the stage of arguments on framing of charges at the Patiala House Courts.

In its plea, AVUT, led by Neelam Krishnamoorthy, who lost her two children in the tragedy, represented by senior advocate Vikas Pahwa, highlighted that the victims had been at the forefront of the battle for justice and had closely tracked and assisted all hearings in the previous two cases against the Ansals.

The plea also pointed out several grievances in the Delhi Police’s investigation and filing of the charge sheet.

Meanwhile, Sushil, through his Advocate Gautam Khazanchi, opposed the plea, stating that AVUT had no locus standi to address arguments on charge and prosecute Ansal as they were mere complainants.