Uphaar Tragedy: Delhi court dismisses Ansal brothers' plea for suspension of sentence

The Patiala House Sessions Court on Friday dismissed the Ansal brothers' interim plea for suspension of sentence in an evidence tampering case in the 1997 Uphaar Cinema fire tragedy matter..Additional Sessions Judge Anil Antil refused to grant the relief to the brothers Sushil Ansal and Gopal Ansal, and three others, and fixed February 23, 2022 as the date for hearing of the appeals against Magistrate's order of conviction. .The Ansal brothers and others had recently moved the Sessions Court against a Magistrate’s order convicting and sentencing them to 7-years imprisonment for tampering with evidence.The prosecution had opposed the plea arguing that a suspension of sentence after just 15 days in jail will be a travesty of justice, and will increase the mental trauma of the victims and their families who have awaited justice for nearly two-and-a-half decades.Advocate AT Ansari representing the prosecution, had argued that there was evidence that the call detail records (CDRs), expert reports and cheques issued by the Ansal brothers were all tampered with and therefore, there is enough evidence to sustain the conviction.The victims’ association in the case had opposed the application arguing that offence is extremely serious in nature and gravity of offence is very severe..Judge Anil Antil noted in his order that there appeared to be no prima facie illegality or impropriety in the judgement or conviction order.“Thus, appreciating and analyzing the totality of facts and circumstances, the findings thereon of the learned trial court as discussed above, in my considered opinion, the submissions advanced and the grounds raised by the learned Senior counsels for the appellants/convicts does not inspire the confidence of this court,” the Judge said.Commenting on the gravity of the offence, Judge Antil said that it appeared to be the outcome of a calculated design to interfere with the course of justice.“The polluters of the judicial firmament are required to be shown no leniency to maintain the sublimity of the institution, and recourse faith in general public in the administration of justice; - any interference in the course of justice, any obstruction caused in the path of those seeking justice are an affront to the majesty of law and needs to be viewed seriously,” the Court said..The Court added that a finding of guilt has already been given by the trial court and therefore, the presumption of innocence does not apply at this stage.“Thus, in light of my above discussion, considering the nature and gravity of the offence, the antecedents of the convicts, the impact of the public confidence in courts, and importantly absence of any extraordinary circumstances meriting suspension of sentence, the application u/s 389(1) Cr.P.C moved on behalf of all the above named appellants/convicts namely Mr. Gopal Ansal, Mr. Sushil Ansal, Mr. P.P. Batra, Mr. Dinesh Chandra Sharma and Mr. Anoop Singh Karayat accordingly stands disposed of as Dismissed,” the Court ordered..[Read Order]