HC decides to hear Uphaar fire victims' plea

The Delhi High Court today decided to hear a petition filed by Uphaar cinema fire victims seeking enhancement of the two-year jail sentence awarded to the Ansal brothers, owners of the hall for 59 cinegoers' death in the 1997 tragedy. Justice H R Malhotra posted the matter sine die saying the matter would be taken up after he completes hearing the final argument on the appeals filed by Uphaar owners, Sushil and Gopal Ansal, and 10 others challenging their conviction in the case. The court said it would take up the petition filed by the victims soon after the prosecution and the defence complete their arguments on appeals. In a petition filed by All Victims of Uphaar Tragedy (AVUT) it was alleged that the trial court had erred in convicting the Ansal brothers and three others under milder penal provision dealing with criminal negligence despite the fact that there was enough evidence to sentence them under section 304 part II (culpable homicide not amounting to murder) of the IPC, which attracts a maximum 10 years' rigorous term. The AVUT alleged that the cinema hall owners were at the helm of affairs of its affairs when the incident took place and had allegedly carried out illegal changes in the theatre's balcony, where the maximum number of victims were killed, with prior knowledge that their acts may result in a disaster. On 20th December, last year, a trial court had convicted all the 12 accused under various sections of the IPC for causing death of 59 cinegoers who were asphyxiated during the screening of a Hindi blockbuster 'Border' inside Uphaar cinema hall on 13th June, 1997 afternoon.

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