Uphaar Fire Tragedy: Delhi High Court Issues Notice On Plea Against Early Release Of Ansal Brothers In Evidence Tampering Case

A single judge bench comprising of Justice Asha Menon sought response of the State as well as Ansal brothers while listing the matter for hearing on October 11.

Appearing for the State, Senior Advocate Dayan Krishnan said that the prosecution supports the petition and would be filing an appeal against the impugned order.

"Respondent no. 1/State, who submits that the State is also aggrieved by the said order and supports the present petition, while also reserving the right to move a petition separately. As and when such a petition is filed, the same be listed along with the present one," the Court ordered.

Ansals were awarded 7-year-jail term each in November last year by a CMM Court. However, in July, after upholding their conviction, Principal District & Sessions Court had released them against the period already undergone.

In the criminal revision petition moved by AVUT, it has been argued that the Trial Court failed to consider that the offence of tampering is extremely serious in nature as it affects the entire criminal justice system.

"It is direct interference in the administration of justice and thus requires serious consideration while sentencing a convict for committing the offence of misappropriating the court files and tampering with the most crucial evidence, purported to be used for convicting an accused person," the plea adds.

It has also been submitted that the Trial Court failed to consider the principle of proportionality between the offence committed and the penalty imposed.

"While sentencing, regard has to be given to the nature of the offence and the manner in which the offence has been committed," the plea states.

Reliance has also been placed on an order passed by the Delhi High Court in February dismissing the pleas filed by Ansals seeking suspension of their seven-year jail term in the case.

[Uphaar Fire] Suspending Sentence Of Ansal Brothers Would Amount To Eroding Faith Of Public In Judicial System: Delhi HC In Evidence Tampering Case

The Association has claimed that the Trial Court failed to consider the observations made by the High Court.

Case Title: Association of Victims of Uphaar Tragedy v. State of NCT of Delhi & Ors.