The Supreme Court today allowed Ansal Theaters and Clubotels Private Ltd, whose former directors were real estate barons Sushil Ansal and Gopal Ansal, to move the trial court for the de-sealing of Uphaar cinema hall.
The bench comprising of Justices KM Joseph, BV Nagarathna, and Ahsanuddin Amanullah directed that the trial court may decide the plea, if moved by the firm within 10 weeks, in accordance with the law.
Therefore, the top court recorded the submissions of Delhi Police and the Central Bureau of Investigation (CBI), that’s represented by Additional Solicitor General KM Nataraj, that they don’t have any claim over the property.
Furthermore, Nataraj stated that due process under the law needs to be followed, for which the appropriate forum is the trial court, the property where which was under investigation and can be sought to be de-sealed.
Association of the Victims of Uphaar Tragedy (AVUT) president Neelam Krishnamoorthy, who appeared in person, submitted where the apex court asked the Ansal brothers to deposit an amount of Rs 60 crore for the construction of a trauma centre in Delhi.
She stated that only the Delhi government can tell whether Rs 60 crore was deposited or not, and suggested that if counsel should seek instructions.
However, the counsel for the Ansal brothers stated that they have already deposited an amount of Rs 60 crore towards the construction of the trauma center which is to come up at Dwarka. The council said now that the trial in the main case is over, the cinema hall which was sealed nearly 17 years ago, should be de-sealed.
Wherein, the CBI probed and prosecuted the 2 owners in the case, that earlier opposed the de-sealing and release of the cinema hall till the completion of the entire trial.
The probe agency and AVUT contended that the plea seeking trial of IPS officer Amod Kanth, who as the DCP (Licensing) allegedly allowed the retention of 37 extra seats in the theatre in the year 1979 in violation of the Cinematograph Act which was still pending.
Furthermore, the AVUT stated that the release of the cinema hall might lead to the loss of crucial evidence where extra seats resulted in the closure of the gangway leading to the death of cinema-goers.
The top court on April 20 quashed the trial court proceedings against Kanth over lack of sanction for his prosecution. Therefore, the top court held that the magistrate and erred in issuing a summons against Kanth.
59 people died when a fire broke out during the screening of the Bollywood movie ‘Border’ in Uphaar theatre in Green Park area of South Delhi on June 13, 1997. Over 100 were injured in the subsequent stampede.
On February 9, 2018, the top court asked Gopal Ansal to serve 1-year jail term in the fire tragedy case, while his elder brother Sushil Ansal’s imprisonment was set off against the term that he already served in jail.
The 2 judge bench of the apex court on March 5, 2014, held Sushil and Gopal Ansal guilty but differed on the quantum of sentence to be awarded to them after which the matter was heard by a 3-judge bench.
Therefore, the Delhi High Court on December 19, 2008, awarded 1-year jail term to both Sushil and Gopal Ansal in the case while reducing the 2-year sentence imposed on them by the trial court.Ansals’ Allowed To Go To Trial Court To De-Seal Delhi’s Uphaar Cinema Hall
