Outrage as Delhi govt claims ₹60 Crore Uphaar fund ‘utilised’

In 2015, the Supreme Court directed that the trauma centre was required to be completed within two years in memory of the Uphaar fire victims.

The Delhi government on Wednesday informed the Supreme Court that the ₹60 crore paid by Ansal brothers for constructing a trauma centre in Dwarka area of the capital in memory of 1997 Uphaar fire tragedy victims had been utilised.

The Association of Victims of Uphaar Tragedy alleged the Delhi government had flouted the apex court’s order. (HT Photo)

A bench of Justices Surya Kant and Joymalya Bagchi asked Additional Solicitor General Archana Pathak Dave, appearing for the Delhi government, to file a status report within three weeks.

Dave earlier said, "The funds have already been utilised."

AVUT office bearer Neelam Krishnamoothy, who lost her two children in 1997 tragedy in which 59 people were killed, said, "It is outrageous to hear the Delhi Government claim in the Supreme Court that the ₹60 crore has already been utilised — despite the Supreme Court’s categorical direction that these funds were to be used solely for building a trauma centre in memory of the Uphaar victims at a suitable site in Dwarka."

Krishnamoorthy continued, "Adding insult to injury, my RTI query seeking details of the fund’s utilisation received no response from the Delhi Government. This raises serious questions about transparency, accountability, and respect for the court’s orders — and for the memory of the victims."

AVUT's plea said, "While about 10 years have elapsed since the stipulated fine amount was deposited (by the Ansal brothers) with the office of the chief secretary, government of NCT of Delhi on November 9, 2015, the trauma centre envisaged in this court’s directions remain a nonstarter, with no discernable steps having been taken towards its construction."

On September 22, 2015, the top court directed that the trauma centre was required to be completed within two years in memory of the fire victims in Dwarka area of the national capital.

The AVUT alleged the Delhi government had flouted apex court’s order.

The apex court in September 2015 held the Ansal brothers – Gopal and Sushil Ansal – guilty of causing death due to negligence for the fire incident of June 13, 1997 at the Uphar cinema hall.

Apart from the one year sentence the two brothers had to undergo, the top court fined them with ₹60 crore.

AVUT’s application was filed in their pending appeal challenging the Delhi high court order of December 2008 reducing the two-year sentence awarded to Ansals by the trial court to one year.

The duo was convicted under Sections 304A (causing death due to negligence), 337 (endangering life), and 338 (causing grievous hurt) among other provisions of IPC.

Initially, the top court's two-judge bench which heard the appeal delivered a split verdict on March 5, 2014.

The matter was then heard by a three-judge bench, which reduced the ₹100 crore fine to ₹60 crore, to be shared equally by the brothers.

AVUT subsequently filed a review petition, which was dismissed by the top court in February 2017.

The top court, however, reiterated that the ₹60 crore amount was to be paid to the chief secretary of the Delhi government and to be utilised for the construction of a trauma centre dedicated in memory of the victims.