Uphaar case: Victims' body moves SC, wants Sushil Ansal in jail

New Delhi: The victims of 1997 Uphaar fire tragedy on Tuesday moved the Supreme Court seeking modification of its order sentencing Sushil Ansal to the period already undergone by him in jail due to his age-related complications.

Association of Victims of Uphaar Tragedy (AVUT) mentioned the matter before a bench headed by Chief Justice J S Khehar which agreed to list the plea for hearing tomorrow before the bench concerned.

In its application, AVUT has sought modification of the order granting relief to Sushil Ansal due to "age-related complications" saying no evidence in this regard was ever placed on judicial record by him.

It said both Sushil and Gopal Ansal, who was sentenced to one year jail term by the apex court, are healthy and be sent to jail to serve the remaining sentence in the case relating to the Uphaar cinema fire tragedy that had killed 59 people on June 13, 1997.

A three-judge bench headed by Justice Ranjan Gogoi, in a 2:1 majority verdict on February 9, had granted relief to 76-year-old Sushil Ansal considering his "advanced age-related complications" by awarding him jail term already undergone and had asked younger sibling Gopal to surrender in four weeks to serve the remaining jail term.

The plea by AVUT would come up for hearing tomorrow before a bench headed by Justice Gogoi along with the fresh plea filed by Gopal Ansal, who has sought the relief on the ground of parity saying he also should not be asked to serve the remaining period of the one-year jail term like his elder brother in the case.

"No evidence or material was ever placed on record, either in the course of the appeals or the review petitions, by Sushil Ansal that suggests that he is having any medical complication(s)," the association has said in its application.

Senior advocate K T S Tulsi, appearing for AVUT led by Neelam Krishnamoorthy, mentioned the matter before the bench and said no evidence have been placed on record that Sushil Ansal had any age-related health complications.

"It is most respectfully submitted that no evidence or material was ever placed on record, either in the course of the appeals or the review petitions, by Sushil Ansal that suggests that he is having any medical complication(s). Even in the course of submissions, no such medical evidence was placed by him before this Court," the AVUT's application said.

AVUT further said the Ansal brothers were "healthy and in a good condition to travel abroad, as they have admittedly done frequently. This further suggests that they are not suffering from any medical complications to warrant any indulgence from this court particularly after being convicted of such heinous crime".

The plea said the February 9 order should be modified and Sushil Ansal directed to surrender and undergo the reminder of sentence.

Yesterday, Gopal Ansal's plea was listed before a bench headed by Justice Gogoi and the court had said that it would come up for hearing tomorrow.

The victims have opposed Gopal Ansal's plea saying the review pleas of CBI and AVUT have already been decided and "there cannot be a review of the review judgement".
59 persons had died of asphyxia in the Uphaar cinema during the screening of Hindi movie 'Border' on June 13, 1997.

Gopal, who was in jail earlier for around four-and-a-half months, has sought a relief similar to the one given to his brother, claiming that he was 69-year-old and would suffer irreparable damage to his health if sent to prison. The plea has said "his body and health are more brittle than that of his elder brother".