Uphaar case: Delhi HC refuses to suspend jail sentences of Ansal brothers

The Ansals had sought suspension of the sentence till the appeal against their conviction is decided

Suspending the sentence of real estate barons Sushil and Gopal Ansal would amount to eroding the faith of the public in the judicial system as it would allow convicts to take advantage of the passage of time as well as the judiciary as an institution, the Delhi high court said on Wednesday while refusing to suspend the seven-year jail term awarded to the brothers for tampering with evidence in the case pertaining to the Uphaar fire tragedy that claimed 59 lives in 1997.

59 people lost their lives in the Uphaar fire. (Sanchit Khanna/HT Archive)

A trial court last November had sentenced the Ansals, former court staffer Dinesh Chand Sharma, PP Batra, and Anoop Singh Karayat to seven-year imprisonment in the tampering case.

Karayat was an employee of the Ansals, who was convicted of conspiring with other accused to get the documents with the potential to establish their involvement in the fire tampered with.

The magisterial court also fined the Ansals ₹2.25 crores each. The Ansals sought suspension of the sentence till the appeal against their conviction is decided.

A sessions court had earlier refused to suspend the sentence in the tampering case and release the convicts on bail, saying the case was one of the gravest of its kind. It added that the offence appeared to be the outcome of a calculated design on the part of the convicts to interfere with the course of justice.

Challenging that order, the Ansals approached the high court, contending that both of them are old -- the brothers are in their early 80s -- and are suffering from several age related ailments. Hence, the court should exercise “its wide and liberal discretion” to release them.

However, justice Subramonium Prasad rejected this argument and said age cannot be a criterion at this stage, especially in view of the object of the conspiracy -- to delay the trial.

Prasad said he has gone through the medical documents of the Ansals and found no serious health condition that would warrant a suspension of the sentence.

“In any event, there are jail hospitals and, in case of any emergency, there are referral hospitals as well. This court does not deem it appropriate to allow the petitioners herein to take advantage of their own wrongs,” Prasad said.

He said the manner in which the offence has been committed is insidious and reveals a well-planned and methodical attempt at subverting the justice system in order to reap the benefits and escape conviction in the main Uphaar case.

“There is also no presumption of innocence which lies in favour of the petitioners herein,” the judge added.

He requested the sessions’ court which is hearing the appeals to expedite the proceedings and complete it within a period of one month, and, if necessary, to hold day-to-day hearings.

“This court is of the view that cases of this nature should be heard and decided at the earliest as any delay in dealing with the same will only make people lose faith in the cherished institution that is the judiciary,” Prasad said in a 53-page judgment.

The court, however, suspended the sentence of Karayat saying he was not arrested during the pendency of trial and the fact that he is 73 years old with no previous antecedents. The judge released him on a personal bond of ₹1 lakh.

The Ansals were also convicted and sentenced to a two-year jail term by the Supreme Court in the main case pertaining to the fire tragedy. They avoided imprisonment after spending about five months in jail. The apex court ruled that a penalty of ₹30 crore each and time served in prison was adequate punishment for their criminal negligence given their advanced age.