A Delhi court issued an order on Wednesday, directing the de-sealing of Uphaar cinema hall, in a tragic incident in 1997 where 59 cinemagoers lost their lives in a massive blaze.
It was noted that the CBI, Delhi Police, and the Association of Victims of Uphaar Tragedy President, Neelam Krishnamoorthy, had already given their “no objection” to the Supreme Court for returning the theatre to the applicant.
The application was moved by Ansal Theatres and Club Hotels Private Ltd, whose former directors were real estate barons Sushil Ansal and Gopal Ansal, who were convicted in the fire tragedy case.
The judge stated that, “Since the trial has reached finality, absolutely no purpose would be served to keep the property sealed. The application is thereby allowed and property in question be de-sealed and released to the applicant being the rightful owner.”
The judge rejected Krishnamoorthy’s submission, where she sought appropriate action against the applicant for filing a copy of a Supreme Court judgment in the case while leaving a few lines at the bottom of a page to misguide the court.
The judge said it was done “inadvertently”.
Krishnamoorthy alleged that the applicant tampered with judicial records, and an FIR was filed against the directors of the applicant company for such tampering, leading to their conviction.
Furthermore, the judge noted the submission of the counsel for the applicant, who claimed there was “no deliberate attempt to conceal these lines from the said judgment and it happened inadvertently”.
The judge stated, “In the view of this court, the concealment of these lines could not have helped the applicant in any way in disposing of this application in its favour. Thereby, the plea raised by Neelam Krishnamoorthy of tampering of the judicial record by the applicant is not acceptable.”
The application asserted that the owner of Uphaar Cinema had been dispossessed of the property since 1997, and it would not serve any purpose for depriving the applicant of its rightful ownership. The property was in a dilapidated condition due to lack of maintenance, and its preservation outlived its necessity after the conclusion of the trial and appeals.
It claimed that, “No purpose would be served if the present application is not allowed since the property which has been seized by the police cannot be retained for any time longer than absolutely necessary. It is submitted that the preservation of Uphaar Cinema has served out its purpose as the trial and appeals are concluded.”
Earlier, the Supreme Court granted permission to Ansal Theatres and Club Hotels Private Ltd on April 27 to move the trial court to de-seal the cinema hall.
