Delhi court orders de-sealing of Uphaar Cinema premises 26 years after fire tragedy claimed 59 lives

A Delhi court on Wednesday ordered the de-sealing of the Uphaar Cinema, where a massive fire had claimed 59 lives in 1997 [M/s Ansal Theatres & Clubotels Pvt Ltd v. State, AVUT]..Principal District and Sessions Judge Sanjay Garg observed that absolutely no purpose would be served to keep the property sealed. “Since the trial has reached finality, absolutely no purpose would be served to keep the property sealed. The application is thereby allowed and property in question be de-sealed and released to the applicant being the rightful owner,” ordered the court..The order noted that the Central Bureau of Investigation (CBI), the Delhi Police and Association of Victims of Uphaar Tragedy (AVUT) President Neelam Krishnamoorthy had already consented before the Supreme Court to the return of the theatre to Ansal Theatres and Club Hotels..The former directors of the company - real estate barons Sushil Ansal and Gopal Ansal - were convicted in the fire tragedy case. The Supreme Court in 2015 held the Ansal brothers guilty of culpable homicide not amounting to murder for the tragedy.They had sought de-sealing of the premises after serving their sentence. The apex court had in April this year allowed them to file an application to de-seal the cinemas..Opposing the application, Krishnamoorthy contended that the applicant company had taken loans from various public sector banks against the property in question. If the propery was released, the applicant may transfer it, affecting the rights of the PSUs banks.She further submitted that the applicant had filed a copy of the Supreme Court judgment in this case but had deliberately omitted a few lines from some of the pages to misguide the court.However, while allowing the de-sealing of the property, the court held,“In view of this court, the concealment of these lines, could not have helped the applicant in any way, in disposing of this application in its favour. Thereby, the plea raised by Neelam Krishnamoorthy, President of AVUT of tempering of the judicial record by the applicant is not acceptable.".Senior Advocate Maithai M Paikaday and Advocates Gautam Khazanchi, Sanjay Jain, Vikas, Vaibhav Dubey and Nitin represented Ansal Theatres and Club Hotels.Neelam Krishnamoorthy and R Krishnamoorthy represented the victims of the tragedy..The case arose from a devastating fire at Delhi's Uphaar Cinema on June 13, 1997, that took 59 lives and left several people injured. The CBI, after completing its investigation, had submitted a chargesheet against Sushil Ansal, Gopal Ansal and other accused.An inquiry was ordered by a court in 2003 after some documents related to the Uphaar tragedy case went missing from the court record room. Upon conclusion of the inquiry, the court employee was dismissed.When the trial was at a sufficiently advanced stage, the public prosecutor noticed that several important documents that had been seized by the investigating officer and filed along with the chargesheet, were either missing from records or had been tampered with.Senior Advocate Aruna Shyam appeared for petitioner..[Read Order]