Various agencies
Graphics courtesy: NDTV, BBC and Zee news
New Delhi, Nov 20: A Delhi court Tuesday convicted building tycoons Sushil and Gopal Ansal and 10 others for their role in the Uphaar cinema fire tragedy in which 59 people were asphyxiated to death while watching a film on June 13, 1997.
The court found theatre owners Sushil and Gopal Ansal guilty of flouting rules under Section 304(a) (causing death by rash and negligent act) and some other provisions of the IPC pertaining to endangering human lives by causing hurt. Additional Sessions Judge Mamta Sehgal also held the Ansal brothers guilty of violating the Cinematography Act and said they had not adhered to proper fire safety norms to maximise profits. Both the theatre owners now face a maximum punishment of two years and a fine.
Besides Ansals, MCD officials Shyam Sunder Sharma and N D Tiwari and Delhi Fire Service Officer H S Panwar have also been booked under the same section for causing death by negligent act.
The court also found Uphaar Cinema Managers Radha Krishna Sharma, Nirmal Chopra, Ajit Chaudhary, gate-keeper Manmohan Uniyal and three Delhi Vidyut Board officials Brij Mohan Satija, A K Ghera and Bir Singh guilty under Section 304(b) (culpable homicide not amounting to murder). They face a maximum punishment of upto 10 years.
The court will announce the quantum of punishment tomorrow.
Additional Sessions Judge Mamta Sehgal had earlier reserved the verdict on August 21 on the conclusion of the final arguments in the case.
The pronouncement of the verdict had been put off twice by the court which had said that the case file was voluminous and its careful scrutiny was a time-taking process.
During the 10-year-long trial, the CBI examined 115 witnesses out of which eight witnesses, termed as relatives of Ansals, turned hostile.
Initially, 16 people were named as accused, including the owners of the cinema hall, and they were charged with causing death by negligence, endangering life and relevant provisions of the Cinematography Act, 1952. However, four accused died during the trial.
The CBI, concluding the final arguments, had alleged that the accused were directly and criminally negligent in the management of the theatre.
On June 13, 1997, 59 people died due to asphyxiation after a fire erupted during the screening of the film.
The trial in the case had also witnessed some controversy when a court staff was dismissed from service for tampering with the court documents allegedly at the instance of the main accused.
"We will appeal against Ansal judgement"
President of the Association for Uphaar Tragedy Victims Neelam Krishnamoorthy who lost both her children in the fire ten years ago, said, "The promise to my children has been kept, but still I have still long way to go, since I have not got what I want. The Ansals - prime accused - have been convicted under a lighter sentence - Rash or Negligent Action - which is shocking, because it means a maximum imprisonement of only 2 years working out to about 12 days in jail for every person who died - a travesty of justice. The law should also be ammended as the punishment for killing so many people cannot be just 2 years."
Krishnamoorthy added, "Contrary to their argument, Ansals had ample knowledge that they were putting the lives of so many people in danger. Every rule of the book was flouted. They should have been booked under 304 (culpable homicide), not just 304A. We will move HC against that.
She said documents establishing the Ansal's connection with the company owning Uphaar Cinema, and responsibility in the tragedy had been deliberately removed from court custody, the employees responsible had been identified and an investigation was on in that case.
"Among the documents was a self-cheque signed by Sushil Kumar of Rs 15 lac - in 1995 which belies his statement that he relinquished directorship of the company in 1988.
"To fight against the Ansals has not been easy, and to be frank I was unprepared and faced many difficulties. But I managed and am quite sure that we will continue to do so and go a very long way," Krishnamoorthy concluded.
Other victims' families also expressed relief after the judgment but said the battle would go on for a very long time as there would be appeals in the High Court and Supreme Court.
"We are feeling great relief that at least the soul of our children will rest in peace. The matter will go on. There is no place for victims in our judicial system, but this judgement has reinforced our faith in judiciary. We are ready and we will fight till the Supreme Court," said Navin, a father who lost his child in the fire.
Ansals to appeal
While the Ansals were unavailable for comment, counsel for the Ansals Prem Kumar meanwhile his clients were innocent and they would appeal against the conviction in the High Court.
"In our system of justice there are appelate courts, so this is not necessarily the end of the matter. I am sure in all probablity the higher court will take a different view of the matter. Ansals had no connection with the company that owned Uphaar Cinema at the time of the fire. After reading the entire judement we would be able to say what exactly the judge kept in mind when pronouncing her judgement," said Kumar.
"Under 304 A - the sentence is for 2 yers or fine, or both. But is is up to the discretion of the learned trial court whether to leave the convicts on a fine or a lesser sentence," he added.
"Cast iron case"
Meanwhile several promient lawyers and social activists hailed the decision as landmark and one that would send out a strong message to keepers of public safety.
"Salute to all those fam of vic pursing case, their determination have got some justice somewhere. But this is just one stage, they will have to go far ahead," said social activist Nandita Haskar.
SK Dehrri, former Fire Commissioner who was involved in rescue operations after the fire and has been seriously injured, said: "I think finally the guilty have been brought to book. It's clear that if you do not care for the safety of other people, you have to face the consequences. The building regulations were violated, which also led to my injury. I broke my spine, collar and shoulder bone and was in hospital. The fire officer repsonsible for the area, who issued the no objectionable certificate is also facing consequences."
KTS Tulsi, former additional solicitor general said "The keepers of public safety have been forwarned about defying safety norms with this judgment, as they will have to not only pay compensation but also go to jail and that bending the law is not such a viable proposition - even for the law keeprs who become their stooges.
He said it was a cast iron case, and that all charges of the prosecution had been established.
"I don't see any problems in upper courts upholding the verdict - only a delay in the process of appeal but in the ultimate analysis this is going to be the final nail in their coffin.
"It's no joke to prosecute the rich and mighty - they try every trick of the trade to intimidate witnesses, bribe them, delay the proceedings and destroy evidence - even steal it from court custody - but the nature of justice is such that it does not come through all these tactics. I am glad they have not been able to defeat justice," said Tulsi.
Kamini Jaiswal, senior lawyer in the Supreme Court, also said the verdict was a message out to the very rich that cannot take others' lives ligtly ."If you are running a picture hall you should be more resposible and sensitive to the needs of the people," she said.
Chronology of Uphaar fire tragedy case
New Delhi: Following is the chronology of events in the 1997 Uphaar fire tragedy case:
June 13, 1997: 59 people die of asphyxia in Uphaar cinema hall fire which broke out during screening of Hindi movie "Border". Over hundred persons receive injuries in the subsequent stampede.
July 22, 1997: Theatre owner Sushil and his son Pranav Ansal arrested in Mumbai by the Crime Branch of Delhi Police.
July 24, 1997: Probe transferred from Delhi Police to CBI.
Nov 15, 1997: CBI files chargesheet against 16 accused including theatre owners Sushil and Gopal Ansal.
March 10, 1999: A Sessions Court presided by L D Malik initiates trial.
Feb 27, 2001: Court frames charges against accused under various sections including 304 (culpable homicide), 304(a) (causing death by negligent act) and 337 (hurt) of the IPC.
April 24, 2003: The Delhi High Court awards Rs 18 crore compensation to be paid to the relatives of victims.
May 23, 2001: Recording of prosecution witnesses' testimony begins.
April 4, 2002: High Court asks trial court to try to wrap up the case by December 15.
Jan 27, 2003: Ansals' plea seeking re-possession of the theatre rejected on the ground that place of incident is to be preserved to appreciate evidence.
Sep 4, 2004: Court starts recording statements of accused.
Nov 5, 2005: Recording of testimonies of defence witnesses begins.
Aug 2, 2006: Court concludes recording of testimony of defence witnesses.
Aug 9, 2006: ASJ Mamta Sehgal inspects the theatre.
Feb 14, 2007: Accused start advancing final arguments.
Aug 21, 2007: Association of Victims of Uphaar Tragedy (AVUT) approaches Delhi High Court seeking conclusion of trial within a fixed time frame.
Aug 20, 2007: Senior advocate Harish Salve appears for CBI and advances final arguments.
Aug 21, 2007: Judgement reserved. Court fixes September 5 for pronouncement of verdict.
Sep 5, 2007: Court defers pronouncement of verdict and says it would fix the date of judgement on October 22.
Oct 22, 2007: Court fixes November 20 as date of verdict.
Nov 20, 2007: Court convicts all 12 accused including theatre owners Sushil and Gopal Ansal in the case. The quantum of punishment to be pronounced on November 21.