STATUS OF VARIOUS CASES PERTAINING TO UPHAAR FIRE TRAGEDY
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STATUS OF VARIOUS CASES PERTAINING TO UPHAAR FIRE TRAGEDY AS ON 13.06.2013
CRIMINAL CASE PERTAINING TO TAMPERING OF EVIDENCE PENDING IN THE COURT OF ACMM PATIALA HOUSE
- The matter regarding tampering of evidence was brought to the knowledge of the Trial Court Judge by the CBI Spl PP on 20.01.2003.
- The tampered documents had direct bearing on the culpability of the offences of the three accused persons namely Sushil Ansal, Gopal Ansal & H S Panwar.
- AVUT moved the Trial Court for cancellation of bail of Sushil & Gopal Ansal but the application was dismissed by the trial Court.
- AVUT approached the Hon’ble High Court and an order was passed directing the EOW Delhi Police to lodge an FIR .
- An FIR No.207 dt 17.5.2006 was lodged u/s 109/409/201/120B IPC and investigation was conducted by EOW Crime Branch Delhi Police.
- On 12.02.2007 Charge Sheet was filed by EOW Crime Brach Delhi Police against Dinesh Chandra Sharma Record Keeper in the court of ASJ Patiala House.
- On 17.01.2008 supplementary Charge Sheet was filed by EOW Delhi at the ACMM court Patiala House u/s 109/409/201/120B IPC against Sushil Ansal, Gopal Ansal ,Anoop Singh,PP Batra D V Malhotra & H S Panwar.
- On15.02.2008 the Ld. ACMM Mr Guhar took cognizance and summoned all the accused.
- In the month of April 2008 4 accused including Sushil Ansal & Gopal Ansal approached the Hon’ble High Court with a prayer to stay the summoning order of the ACMM. The application of all the accused were dismissed on 3.09.2009 and a cost of Rs 25,000/- was imposed on all the accused.
- The matter is pending before the Ld CMM Patiala House Court.
- The` arguments for framing of charges advanced by the prosecution on 31st May 2013. The next date of hearing is16.07.2013.
- Charges yet to be framed
AMOD KANTH :SUMMONED AS AN ACCUSED IN UPHAAR FIRE TRAGEDY CASE.MATTER PENDING IN THE COURT OF ACMM SAKET
- On 11.02.2004 AVUT filed an application under section 319 for summoning Jt CP Amod Kanth as an accused for allowing additional seats in the balcony of Uphaar cinema in the year 1979.
- The addition of the seats allowed by Amod Kanth blocked the gangway on the right hand side of the balcony which was in contravention of rules. He also overlooked the closure of the right hand side exit which was in contravention of rules, which was converted into a family box. The closure of the gangway and the non availability of the exit on the right hand side was the prime cause for the death of 59 innocent lives.
- On 23.11.2007 the Ld Trial Judge vide its judgement had ordered further investigation of the offences in terms of section 173(8) Cr PC.
- On 19.12.2008 the Hon’ble High Court vide its Judgement had observed that the evidence gathered and placed before the court showed that there were glaring lapses in the Licensing department, the MCD and DVB and directed CBI that so far as the directions given by the Trial Court are concerned CBI shall complete the task in time bound manner and report its conclusions to the trial court by 15.03.2009.
- On 05.03.2009 CBI filed a Closure Report in the court of Ld ASJ stating that no criminal acts were found against any of the officials of any department other than the 16 persons charge sheeted in the main case.
- On 03.06.2009 AVUT filed a protest Petition.
- Ld MM of Patiala House Courts on 12.08.2010 summoned Amod Kanth to stand trial for the offence u/s 304A,337,338 IPC and section 14 of the Cinematograph Act.
- Amod Kanth has approached the Hon’ble High Court on 26.08.2010 for setting aside the said order on the ground that no sanction u/s 197 Cr PC has been obtained.No stay was granted.The next date of hearing is 05.07.2013
- AVUT appealed to the Hon’ble Home Minister Shri. P. Chidambaram in the month of September 2010 to intervene to grant sanction for prosecuting Amod Kanth as per law failing which justice will continue to elude the victims. The Home Ministry in their reply has said that since the matter is subjudice they cannot intervene.
- AVUT filed a CWP on 26.08.2011 under Article 226 & 227 of the Constitution of India seeking directions to call upon the respondents union of India through Ministry of Home Affairs & CBI to produce official records of communication between them & direct the Union of India through Ministry of Home Affairs to reconsider the question of sanction to prosecute Amod Kanth . The Hon’ble High Court has called for the records from the Home Ministry.
- The ACMM Saket Courts has fixed the matter for argument on charge for 3rd August 2013
NEELAM KRISHNAMOORTHY v/s SUSHIL ANSAL & ORS u/s 188,506 & 509 IPC
( CRIMINAL INTIMIDATION & OUTRAGING MODESTY OF WOMEN)
- On a complaint given by Neelam Krishnamoorthy to the Court of Ld. ASJ Ms Mamta Sehgal Patiala House with regard to staff of Ansal’s who misbehaved and threatened her in the court premises.
- The matter was sent to the Administrative Head of the Court Ms Kamini Lau Ld ACMM.
- The Ld ACMM on the basis of the complaint summoned Sushil Ansal,Gopal Ansal,PP Batra and Praveen Sharma u/s 188,506 & 509 IPC on 19.06.2007.
- All the accused approached the Hon’ble High Court for Ex Parte stay. The same was granted on 3rd July 2007 and the matter is pending for last six years.
- The next date of hearing is 21.08.2013 in the Hon’ble High Court.
CRIMINAL APPEAL IN HON’BLE SUPREME COURT :ARGUMENTS CONCLUDED AND JUDGEMENT RESERVED ON 17.04.2013
|
SR. NO. |
ACCUSED |
CONVICTION & SENTENCE BY TRIAL COURT (20.11.2007) |
CONVICTION BY HIGH COURT (19.12.2008) |
|
1. |
SUSHIL ANSAL Owner ( Uphaar Cinema) |
Ss. 304A, 337,338 r/w 36 IPC S.14 OF CA 1952 TWO YEARS |
Ss. 304A, 337,338 r/w 36 IPC S.14 OF CA 1952 . SENTENCE REDUCED TO ONE YEAR |
|
2. |
GOPAL ANSAL Owner ( Uphaar Cinema) |
Ss. 304A, 337,338 r/w 36 IPC S.14 OF CA 1952 TWO YEARS |
Ss. 304A, 337,338 r/w 36 IPC S.14 OF CA 1952. SENTENCE REDUCED TO ONE YEAR |
|
3. |
N S Chopra( Manger Uphaar) |
S.304 r/w 36 IPC |
ACQUITTED BY HIGH COURT |
|
4. |
MANMOHAN UNIYAL (gate Keeper Uphaar) |
S.304 r/w,337,338 36 IPC SEVEN YEARS |
S.304 A,337,338 r/w 36 IPC. SENTENCED FOR TWO YEARS |
|
5. |
B M Satija Inspector( DVB) |
S.304, r/w 36 IPC SEVEN YEARS |
S.304A ,337,338 r/w 36 IPC. SENTENCED FOR TWO YEARS |
|
6. |
ANAND KUMAR GERA Inspector( DVB) |
S.304 r/w 36 IPC SEVEN YEARS |
ACQUITTED BY HIGH COURT |
|
7. |
BIR SINGH Sr Fitter( DVB) |
S.304, r/w 36 IPC SEVEN YEARS |
S.304A ,337,338 r/w 36 IPC. SENTENCED FOR TWO YEAR |
|
8. |
SHYAM SUNDER SHARMA Admn. Officer( MCD) |
Ss. 304A, 337,338 r/w 36 IPC TWO YEARS |
ACQUITTED BY HIGH COURT |
|
9. |
NARAYAN DUTT TIWARI Admn. Officer(MCD) |
Ss. 304A, 337,338 r/w 36 IPC TWO YEARS |
ACQUITTED BY HIGH COURT |
|
10. |
HAR SWARUP PANWAR DO( DFS) |
Ss. 304A, 337,338 r/w 36 IPC TWO YEARS |
Sec 304A OF IPC SENTENCE REDUCED TO ONE YEAR |
Note: Out of 16 accused ,6 accused i.e K L Malhotra( DGM Uphaar),R M Puri ( Director Uphaar),Ajit Choudhary ( Asst.Manager Uphaar),S N Dandona ( EE PWD) & Surinder Dutt
( DFS) died during trial and Radha Kishan Sharma ( Manager Uphaar) died pending appeal in the Supreme Court.
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