STATUS OF VARIOUS CASES PERTAINING TO UPHAAR FIRE TRAGEDY AS ON 13.06.2012

 

STATUS OF VARIOUS CASES PERTAINING TO UPHAAR FIRE TRAGEDY AS ON 13.06.2012

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 ACMM Patiala House Court.(No. Hearings 13)
  • The` arguments for framing of charges yet to begin. The next date of hearing is 25.08.2012

 

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 Court0n 26.08.2010 for setting aside the said order on the ground that no sanction u/s 197 Cr PC has been obtained.The next date of hearing is 27.08.2012
  • 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 next date of hearing is 11.09.2012
  • The ACMM Saket Courts  has fixed the matter for argument on charge  for 4th July 2012

NEELAM KRISHNAMOORTHY v/s SUSHIL ANSAL & ORS u/s 188,506 & 509 IPC ( CRIMINAL INTIMIDATION)

  • 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 five years.
  • The next date of hearing is 27.08.2012 in the Hon’ble High Court.

  CRIMINAL APPEAL IN HON’BLE SUPREME COURT

 

SR. NO. ACCUSED CONVICTION & SENTENCE  BY TRIAL COURT (20.11.2007) CONVICTION BY HIGH COURT(19.12.2008)
1. SUSHIL  ANSALOwner ( Uphaar Cinema) Ss. 304A, 337,338 r/w 36 IPC S.14 OF CA 1952TWO YEARS Ss. 304A, 337,338 r/w 36 IPCS.14 OF CA 1952 .  SENTENCE REDUCED TO ONE YEAR
2. GOPAL ANSALOwner ( Uphaar Cinema) Ss. 304A, 337,338 r/w 36 IPC S.14 OF CA 1952 TWO YEARS Ss. 304A, 337,338 r/w 36 IPCS.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 SatijaInspector( DVB) S.304, r/w 36 IPCSEVEN YEARS S.304A ,337,338 r/w 36 IPC. SENTENCED FOR TWO YEARS
6. ANAND KUMAR GERAInspector( DVB) S.304 r/w 36 IPCSEVEN YEARS ACQUITTED BY HIGH COURT
7. BIR SINGHSr Fitter( DVB) S.304, r/w 36 IPCSEVEN YEARS S.304A ,337,338 r/w 36 IPC. SENTENCED FOR TWO YEAR
8. SHYAM SUNDER SHARMAAdmn. Officer( MCD) Ss. 304A, 337,338 r/w 36 IPC TWO YEARS ACQUITTED BY HIGH COURT
9. NARAYAN DUTT TIWARIAdmn. Officer(MCD) Ss. 304A, 337,338 r/w 36 IPC TWO YEARS ACQUITTED BY HIGH COURT
10. HAR SWARUP PANWARDO( DFS) Ss. 304A, 337,338 r/w 36 IPCTWO YEARS Sec 304A OF IPCSENTENCE 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.

Sushil Ansal, Gopal Ansal, B M Satija, H S Panwar & Bir Singh have filed an appeal against the High order for acquittal, CBI has filed a cross appeal for enhancement of the sentence  and AVUT has filed an appeal against Sushil Ansal & Gopal Ansal  for enhancement of the section from u/s 304(A) to 304.

The Criminal Appeal is being heard in Hon’ble Supreme Court. The matter is part heard .The next date of hearing is 10.07.2012

PROPOSAL FOR A LEGISLATION FOR PREVENTION OF MAN MADE TRAGEDIES IN PUBLIC PLACES PENDING WITH LAW COMMISSION SINCE 2009

AVUT, in July 2009 presented a Petition to the Hon’ble President of India, Smt. Sonia Gandhi and Hon’ble Minister for Law & Justice proposing a legislation for prevention of man- made tragedies in Public Places. This was well appreciated by all and infact the Hon’ble Law Minister Shri Veerappa Moily had intimated us through his letter dated 1st September 2009 that he has asked the Law Commission to come out with a new legislation to prevent man – made tragedies.

While the death toll differs, there is one common thread that runs through each of the tragedies that have rocked the nation in the last quarter of a century all of them have been manmade where precious human lives have been lost. The offenders of such crimes are often booked for causing death due to rash and negligent acts, which is a bailable offence. In this grim scenario, incidents of such catastrophic magnitude are bound to recur since there is no legal deterrent that can instill fear in the minds of those who willfully or casually inflict harm. The need of the hour is to have appropriate legislation to tackle such man made tragedies and put in place appropriate judicial mechanisms that offenders to think twice before indulging in acts of omission and commission that can endanger human life.

AVUT on 15th November 2011 had written to Ms Sonia Gandhi & Law Minister Mr. Salman Khurshid reminding them about the new legislation which was pending with the  Law Commission. On 23.11 2011 Ms Gandhi had replied to our letter stating that the matter is being taken up with Ministry of Law and subsequently we also received a letter from Mr. Salman Khurshid Minister of Law that he has received our request. The matter is still pending with Law Commission for the past three years.

Since our repeated request for stronger law to safeguard victims of manmade disaster, the country has witnessed many manmade tragedies wherein hundreds of innocent lives were lost because of man’s never-ending greed and/or intentional ignorance to public safety laws. The latest being the AMRI Hospital Fire Kolkata wherein 93 innocent lives were lost.


 

 

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