Uphaar Fire Tragedy: Delhi Court Dismisses Ansals' Plea For Suspension Of Sentence In Evidence Tampering Case

A Delhi Court has dismissed the plea filed by real estate barons Sushil Ansal, Gopal Ansal and others seeking suspension of their 7 years jail term in the evidence tampering case in connection with the Uphaar fire tragedy that happened in the year 1997.

Additional Sessions Judge Anil Antil observed that the offence was an outcome of a calculated design on the part of the appellants to interfere with the course of justice.

"The polluters of the judicial firmament are required to be shown no leniency to maintain the sublimity of the institution, and recourse faith in general public in the administration of justice ; any interference in the course of justice, any obstruction caused in the path of those seeking justice are an affront to the majesty of law and needs to be viewed seriously," the Judge added.

The Court was also of the view that age by itself cannot be the sole criteria to grant relief to the appellants when they were involved into the procrastinated trial of the case.

"They can not be permitted to take benefit of their own wrongs," it added.

.Sushil Ansal is aged 83 years and Gopal Ansal is aged about 73 years.

Thus, the Court had called for medical status of the Ansals from the concerned Jail Supdt/ Medical Officer and it was found that their general condition is stable.

Finally, while declining relief, the Court observed,

"The nature of the crime is such that it strikes at the very edifice of functioning of the court...Although the appeal is pending before this court, and the fate of it shall be decided in due course, but at this stage in my considered opinion no extraordinary circumstances exists in favour of the appellants that require the court to exercise power under section 389(1) Cr.P.C."

Background

CMM Pankaj Sharma had passed the order on sentencing after the Ansals and others were convicted under Sections 201 (tampering of evidence), 120B (criminal conspiracy) and 409 (criminal breach of trust by public servant) of the Indian Penal Code on October 8.

The Court also held a former court staff and other individuals guilty in the matter. It also imposed a fine of Rs. 3 lacs each on others namely Dinesh Chandra Sharma, Prem Prakash Batra and Anoop Singh.

In its order, the Court was of the view that the documents which were tampered with by the accused persons formed the basis of their conviction in the main Uphaar case. It was of the view that those documents were "most critical" for the trial in order to establish their role and position.

The Court had said that the manner in which process of law was subjected to desecration by accused persons is no less than defiling the justice administration system.

"The high handedness of the accused persons for securing benefit in the trial sans documents by any means demonstrate the scant regard which they have for the justice delivery system which is the bedrock of our democracy. The brazen attitude of the accused persons is reflective from their conduct as after destruction of evidence they vehemently opposed the prosecution plea for adducing secondary evidence. They left no stone unturned to prevent advent of secondary evidence," the Court had said.

The matter pertains to the tampering of evidence in connection with the fire tragedy case wherein the Ansals were convicted and sentenced by the Supreme Court.

As many as 59 people died and 100 were injured in the fire during the screening of Hindi blockbuster Border on the evening of June 13, 1997.

The fire started in the parking lot and then engulfed the building in the busy Green Park area.

Most people died in the ensuing stampede or were asphyxiated as the escape routes were blocked by illegally fixed chairs. The trial court had sentenced the duo to two years' rigorous imprisonment in November 2007.

Click Here To Read Order