Uphaar fire tragedy: Delhi HC issues bailable warrant against a convict for non-appearance

New Delhi: The Delhi High Court on Tuesday issued a bailable warrant against one of the convicts in Uphar evidence tampering case for his non-appearance.

The High court on the previous date (September 5) had issued notice to him on the petition moved by the Association of Victims of Uphaar Tragedy (AVUT) against the trial court's judgment reducing his sentence in the case. Justice Purushaindra Kumar Kaurav issued a bailable warrant of Rs 10,000 against PP Batra for non-appearance in the petition filed by AVUT.

The bench has granted a time of eight weeks to the respondents to file their reply and status report on the petition.
The bench noted that the trial court record has been received.
On the other hand, the bench also issued the notice on the petition moved by Sushil Ansal, another convict in the Uphar Evidence Tampering case.

Sushil Ansal has also prayed to the court to direct the Association of Victims of Uphaar Tragedy to give security/undertaking to the tune of Rs 3 crores qua the fine deposited by the petitioner till the disposal of the present petition before the Court.

The trial court had passed a judgment on July 18, 2022, which upheld the conviction awarded to the petitioner and on July 19, 2022, reduced his (petitioner's) imprisonment sentence to the period undergone subject to the payment of Rs 3 crores within seven days.

Sushil Ansal has challenged the judgement of the trial court that an Appellate Court hearing the "criminal's appeal" must apply its independent mind and record its own findings on the basis of the evidence assessment by own.

The appeal moved through advocate Gautam Khazanchi stated that mere reproduction of the assessment of the Trial Court is not sufficient and cannot be sustained. In the said case, the Appellate Court has erred in law by mechanically adopting the reasoning (s) provided by the Trial Court which is erroneous and contrary to the provisions of the law.

It is also contended that the Appellate Court has not dealt with the contentions raised by the Petitioner in the impugned judgment and the same has caused a "grave miscarriage of justice".

It is settled in the law that this Court can set aside a finding of fact, if the same is based on no evidence or misreading of evidence or is grossly erroneous causing miscarriage of justice, the appeal contended.
The bench has listed both petitions for hearing on December 13, 2022, in the regular list. The matter related to the appearance of PP Batra has been listed in the advance list.

Earlier, the AVUT moved Delhi HC against the Trial court order that reduced the jail term of the Ansal Brothers in the Evidence Tampering Case linked to the Uphaar fire tragedy of 1997 that claimed 59 lives and injured over 100 persons.

The bench of Justice Asha Menon on September 5, 2022, sought the response of all accused and respondents in the matter. Senior counsel Dayan Krishnan appeared for the state (Delhi Police) saying that they support the petition and would file an appeal.

AVUT also challenged the July 18 order passed by the Principal District and Sessions Judge of Patiala House Court which reduced the 7-year jail term of real estate barons Ansal brothers to the "period already undergone" in judicial custody in the case.

Senior Advocate Vikas Pahwa, who appeared for the AVUT and sought Delhi High Court's direction to set aside the order passed on July 18 and also issue direction to enhance the sentence awarded by the Principal District and Sessions Judge from the period already undergone to the original sentence of seven years awarded by the Magistrate Court in the order dated November 8, 2021.

The victim association through Sr Advocate Vikas Pahwa submitted that the Trial Court order was contrary to the established principles of law on sentencing and is ignorant of the conduct and criminal antecedents of the accused. Through their acts, the accused have tried to meddle with the functioning of the judicial system and the impugned judgment failed to appreciate the gravity of the offences committed by them, stated AVUT plea.

The Trial Court, while reducing the jail term of convicts, had increased a fine of Rs 3 Crores in three sections that are related to conspiracy, criminal breach of trust and destruction of evidence. Earlier the lower court had imposed a fine of Rs 2.25 Crores each on them.

The Principal District and Sessions Judge Dharmesh Sharma had observed, the whole tone and tenor of the order on Sentence of the Chief Metropolitan Magistrate (CMM) to be 'punitive and retributive', considered the nature of the crime, the social and economic status of the appellants (convicts), the duration of crime committed and ultimate impact on the speed of the trial in the Uphaar case and the mitigating circumstances brought forth by the learned Counsel for the appellants to hold that quantum of sentence of imprisonment awarded by the Trial Court was harsh and disproportionate to the offence committed.

Principal District and Sessions Judge Dharmesh Sharma observed, "At the cost of repetition, this Court understands that the Uphaar fire tragedy was the one where several lives were lost and many others were injured which must have caused a deep anguish, pain and perennial misery to the affected family members."

It was observed, "It strikes to human notions and understanding that the surviving family members who have now joined together by forming an association 'AVUT' do not want the culprits to go scot-free and enjoy any rights and liberties in the remainder of their lives but the prosecution cannot convert this whole criminal litigation into an inhumane and vindictive approach to the present appellants and convicts."

The Court sentenced Sushil and Gopal Ansal for the period already undergone and imposed a fine under section 120B (conspiracy), one crore under section 409 (criminal breach of trust) and 1 crore under section 201 (destruction of evidence) of IPC.

The court sentenced the convict PP Batra for the period already undergone during custody. The court fined him Rs 10,000 for conspiracy, Rs 10,000 for criminal breach of trust and Rs 10,000 for the offence of destruction of evidence.

The court also sentenced Dinesh Chandra Sharma for the period already undergone during custody in jail and fined him Rs 25,000 for the offence of conspiracy, Rs 25,000 for the offence of criminal breach of trust and lastly for Rs 10,000 for the offence of destruction of evidence.

The Chief Metropolitan Magistrate Court while passing the order also said, "After thinking overnights and nights, I have come to the conclusion that they deserve punishment."

At least 59 people died of asphyxia and over 100 others were injured in the stampede after fire broke out in Uphaar cinema on June 13, 1997, during the screening of JP Dutta's film 'Border'. (ANI)