The Delhi High Court has directed real estate businessmen Sushil Ansal and Gopal Ansal, along with the other convicts in the Uphaar evidence-tampering case, to submit their written arguments ahead of the next hearing, while making it clear that no adjournment will be allowed on October 15.
Justice Purushaindra Kumar Kaurav asked the convicts to file their written submissions within a week and be ready to begin arguments when the matter is taken up next. The state’s counsel was separately directed to prepare a common convenience compilation of documents for all parties and place it before the court within two weeks.
The proceedings arise from multiple challenges concerning the punishment imposed for tampering with evidence connected to the 1997 Uphaar cinema fire case. While the Ansal brothers have challenged their punishment, the Delhi Police and the Association of Victims of Uphaar Tragedy (AVUT) are seeking enhancement of the sentence. Similar pleas filed by former court employee Dinesh Chandra Sharma and P P Batra, who was then employed by the Ansals, are also pending.
Challenge To Reduction In Sentence
The prosecution has questioned the sessions court’s decision to reduce the punishment awarded by the magisterial court. Senior advocate Dayan Krishnan had earlier argued on behalf of the prosecution that the first appellate court upheld the conviction but reduced the sentences on what he described as perverse reasoning.
AVUT has also challenged the punishment. Represented by senior advocate Vikas Pahwa, the association has contended that the district judge did not adequately account for the seriousness of evidence tampering and its impact on the criminal justice system.
Trial Court Had Awarded Seven-Year Jail Terms
On November 8, 2021, the magisterial court sentenced Sushil and Gopal Ansal to seven years in prison after finding them guilty in the evidence-tampering case.
The sessions court modified that order on July 19, 2022. It directed the release of the Ansal brothers, Sharma and Batra on the basis of the period they had already spent in custody since November 8, 2021.
The appellate court, however, maintained the fines imposed by the magisterial court. Sushil and Gopal Ansal were each ordered to pay Rs 2.25 crore, while Sharma and Batra were each fined Rs 3 lakh.
Documents Allegedly Tampered With
According to the chargesheet, the material allegedly tampered with included a police memo recording recoveries made immediately after the incident, Delhi Fire Service documents concerning repairs to the transformer installed inside Uphaar cinema, minutes of managing director’s meetings and four cheques.
The evidence formed part of the main case arising from the Uphaar fire, in which the Ansals were convicted and sentenced by the Supreme Court to two years’ imprisonment.
The tragedy occurred on June 13, 1997, when a fire broke out at Uphaar cinema during the screening of the Hindi film ‘Border’, killing 59 people.
