Uphaar case: Ansal moves Supreme Court

Source:- indiatimes.com

New Delhi: Real estate tycoon Gopal Ansal moved the Supreme Court on Monday seeking parity in sentence with elder brother Sushil Ansal in the Uphaar fire tragedy case, that is he does not want to undergo the remaining part of his one year sentence.

Gopal and Sushil were let off last year by the SC with the sentence already undergone by them as adequate punishment provided each paid Rs 30 crore in fine. The SC had directed the Delhi government to use the Rs 60 crore for construction of a trauma centre.

However, on review petitions filed by Association of Victims of Uphaar Tragedy led by Neelam Krishnamoorthy and the CBI, the SC on February 9 upheld Sushil’s sentence but asked Gopal to undergo full one year sentence.

The SC had said that Sushil’s age-related ailments were taken into consideration for reducing his one year sentence to the period already undergone. “On principle of parity, the same benefit (as given to Sushil) was extended to Gopal Ansal but he never was a case of any age-related complication. Therefore, it is not a fit case to apply principle of parity,” the SC had said.

After passing this order, the court had directed Gopal to surrender before the authorities within four weeks to undergo the remaining part of his one year sentence. His team of lawyers led by senior advocate Ram Jethmalani is expected to mention his mercy application seeking parity in sentence with elder brother Sushil on Tuesday before a bench headed by Chief Justice J S Khehar.

On June 13, 1997, a fire in Uphaar cinema engulfed the theatre with toxic smoke and patrons found it difficult to move out as the exits were impeded by installation of extra seats. A total of 59 persons died of asphyxia and more than 100 were injured.

The trial court had sentenced the Ansal brothers to two years imprisonment after a 10 year trial. The Delhi High Court reduced the sentence to one year imprisonment. Since then, the case had been doing the rounds of the SC, which had seen split verdicts on sentences. Last year, the SC imposed a lenient “period already undergone” sentence on the Ansals while asking each to pay a fine of Rs 30 crore. But on February 9, Gopal was asked to undergo the entire one year sentence.