Uphaar case: HC seeks Delhi govt response on Ansal plea challenging conviction

Sushil Ansal, in his revision plea, has contended that the principal sessions and district judge had not provided independent reasons while confirming his conviction after order passed by the chief metropolitan magistrate.

The Delhi high court on Tuesday sought the response of the state government on a plea by real estate baron Sushil Ansal, challenging his conviction and sentencing over the tampering of evidence in connection with the 1997 Uphaar cinema fire case.

The Uphaar cinema at Green Park in New Delhi. (HT Photo)

Justice Purushaindra Kumar Kaurav issued notice to the authorities and admitted Ansal’s revision petition for hearing, while calling for the trial court records in soft copy. “The revisionist has already deposited the fine amount and the same is also disbursed. The revision is admitted for hearing. Let the trial court record be called in soft copy,” the court said in an oral order, posing the matter for further hearing on December 13.

The court also issued a bailable warrant against PP Batra, one of the convicts in a case, in a plea by the Association of Victims of Uphaar Tragedy (AVUT) which challenged the reduction of sentence, for his absence in the matter.

Ansal, in his revision plea, has contended that the principal sessions and district judge had not provided independent reasons while confirming his conviction after order passed by the chief metropolitan magistrate. The plea further argues that the principal sessions and district judge failed to appreciate that there was no evidence, direct or indirect, inferring Ansal’s involvement in the matter.

Apart from challenging the conviction and order on sentence, the plea also seeks directions on AVUT to give security or undertaking of ₹3 crore with respect to the fine deposited by Ansal till the disposal of the plea.

On October 8, 2021, a magisterial court convicted Ansal and his brother Gopal Ansal as well as two others of tampering with evidence in the June 13, 1997 Uphaar cinema fire case, in which 59 people were killed. The court convicted the accused of abetment of offence, causing disappearance of evidence, criminal breach of trust by a public servant and criminal conspiracy. On November 8, 2021, the court awarded the real estate barons seven-year jail terms.

However, on July 19, a district judge modified the magisterial court’s order and ordered the release of the Ansals, former court staff Dinesh Chand Sharma and Batra against time served. It, however, upheld the fine of ₹2.25 crore imposed by the magisterial court on both Ansal brothers and ₹3 lakh each on the other two convicts.