Jethmalani wins it for Ansals in sentencing; Supreme Court drops imprisonment, slaps 60 crore fine

The Supreme Court today held that Ansal brothers, Sushil and Gopal, convicted in the Uphaar Cinema tragedy need not undergo further imprisonment except the term already served. The Court, however, slapped them with a fine of Rs. 30 crore each..This verdict was given by a three judge Bench comprising Justices Anil R Dave, Kurian Joseph and AK Goel which was constituted to decide on the quantum of sentence. Senior Advocate Ram Jethmalani appeared for Ansal brothers while Senior Advocate KTS Tulsi represented the victims. Senior Advocate Harish Salve appeared for the CBI..Earlier, a Division Bench of Justices TS Thakur and Gyan Sudha had on March 5, 2014, held Ansal brothers guilty of culpable homicide not amounting to murder for the tragedy in which 59 people had lost their lives. While Justice Thakur had sentenced them to one year imprisonment, Justice Gyan Sudha Mishra had enhanced the sentence to two years with the rider that the enhanced sentence could be avoided by paying a fine of Rs. 50 crore each. Taking into account Sushil’s age, Mishra also held that he will be exempted from imprisonment if he pays the fine of Rs. 50 crore. Due to the difference of opinion between the two judges on the sentence awarded, the case was referred to a 3-judge Bench to decide on the limited question of quantum of punishment..When the hearing commenced today, Ram Jethmalani sought to raise grounds which the court considered as those relating to conviction. It was, therefore, initially reluctant to hear him out on those grounds..“What you are arguing now can be raised by you in your review petition. The jurisdiction of this Bench is limited to deciding the quantum of sentence”, the Bench said..Jethmalani, however, replied that,.“Your lordships are entitled to go into the facts relating to conviction not to set aside the conviction but to decide on the sentence.”.The Court finally agreed to hear out Jethmalani. Jethmalani had then proceeded to argue and raised submissions including the fact that the fire was caused by a faulty transformer installed and maintained by Delhi Vidyut Board (DVB) and the appellants are being made scapegoats for faulty repairs done by some other “rascals” of a transformer belonging to DVB..He submitted that the sentence already undergone by the appellants should be considered as a punishment awarded by the Court and no further sentence should be awarded considering the age and other factors..Senior Advocates Harish Salve and KTS Tulsi opposed the relaxation in imprisonment sought by the appellants..The Court after hearing the parties awarded them imprisonment for a period already undergone by them and directed them to pay a fine of Rs. 30 crore each in three months. The fine has to be deposited with the Delhi government, which in turn will be required to spend it on welfare schemes. Sushil Ansal has spent over 5 months in prison while Gopal has spent over four months..Image taken from here.