The Supreme Court of India has granted permission to the Ansal Brothers, who were held responsible for negligence in the Uphaar Fire Tragedy case, to approach the trial court and request the de-sealing of the theatre hall. The concerned trial court will make a decision in accordance with Section 452 of the Code of Criminal Procedure and taking into account the views of the CBI, Delhi Police and the Respondent Association. The court has ordered that a decision be made within ten weeks and a copy of the order be provided to the concerned parties. In 1997, over 59 people were killed and 103 people were injured in the Uphaar fire tragedy due to a change in seating arrangements that blocked one of the emergency exits. Ansal Theaters and Club Hotels Pvt. Ltd. had moved a plea in 2010 seeking the return of the theatre and its premises after compensating the victims. The court had sought the CBI's response in the plea last week.
During the hearing today, Additional Solicitor General KM Nataraj, representing the Delhi Police and the Central Bureau of Investigation, informed the court that the agencies do not have any claim over the property. The court had asked if they had any objections to the de-sealing of the property, to which Natraj replied that as investigating agencies, they cannot make any claims over the property. He added that there may be multiple claims seeking custody of the theatre, which will only be known after the trial is over. The appropriate forum to allow the de-sealing of the property is the concerned trial court, he said, citing top court precedents. The Association of the Victims of Uphaar Tragedy (AVUT), represented by Neelam Krishnamoorthy, was also given permission by the court to express their views to the trial court on the plea to de-seal the property. The appellants' counsel argued that since the trial in the main case is over, the cinema hall, which was sealed almost 17 years ago, should be de-sealed. The CBI had previously opposed the de-sealing and release of the cinema hall until the completion of the entire trial, as they had investigated and prosecuted the two owners in the case.
The Supreme Court of India has stated that the criminal trial in which the former directors of the appellant company were accused had been concluded by the final verdict of the court in 2015. The accused were directed to deposit Rs 60 crores for setting up a trauma centre in Delhi, which they complied with. The appellants argued that there can be no objection with regard to the de-sealing of property as the amount was paid in compliance with the court’s order. The Court referred to its earlier order which held that it would be inappropriate for the High Court to decide the application on merits and thus, asked the Trial Court to decide if any appropriate application is moved. Recently, the Apex Court had ruled in favour of ex IPS officer Amod Kumar Kanth in a case related to the Uphaar fire tragedy, setting aside the Magistrate’s order taking cognisance of a complaint against Kanth.
TAGS: Uphaar Fire Tragedy Supreme Court Ansal Brothers negligence trial court de-sealing cinema hall Section 452 Code of Criminal Procedure CBI Delhi Police Association of the Victims of Uphaar Tragedy AVUT Neelam Krishnamoorthy criminal trial directors accused trauma centre Delhi IPS officer Amod Kumar Kanth emergency exit right-hand side balcony.
