Uphaar tragedy sentencing: SC finally gives reasons [Read judgment]

The Supreme Court has today published its judgment on the sentencing of the convicts in the Uphaar Cinema tragedy. It has enhanced the imprisonment period of Ansal brothers from one year to two years. However, if the convicts pay a fine of Rs. 30 crore each within 3 months, the imprisonment will be reduced to the period already undergone. The judgment was delivered by a three judge Bench comprising Justices Anil R Dave, Kurian Joseph and AK Goel..The table below shows the quantum of punishment imposed on the Ansal brothers from the trial stage..Court/BenchGopal AnsalSushil AnsalTrial CourtTwo years rigorous imprisonment and fine of Rs. 5000.Two years rigorous imprisonment and fine of Rs. 5000.Delhi High CourtOne year rigorous imprisonment and fine of Rs. 5000.One year rigorous imprisonment and fine of Rs. 5000.Supreme Court (Justice TS Thakur)One year rigorous imprisonment and fine of Rs. 5000One year rigorous imprisonment and fine of Rs. 5000Supreme Court (Justice Gyan Sudha Mishra)Two years rigorous imprisonment – additional one year can be avoided by paying Rs. 50 crore fine.Two years rigorous imprisonment – imprisonment to be restricted to the period already undergone if fine of Rs. 50 crore is paid.Supreme Court (Current Bench -Anil R Dave J., Kurian Joseph J., AK Goel J.)Two years rigorous imprisonment – imprisonment to be restricted to the period already undergone if fine of Rs. 30 crore is paid.Two years rigorous imprisonment – imprisonment to be restricted to the period already undergone if fine of Rs. 30 crore is paid..Earlier, a Division Bench of Justices TS Thakur and Gyan Sudha Mishra 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 imprisonment and imposed a fine of Rs. 50 crore on each of the two convicts. However, she had held that the additional imprisonment period of one year could be avoided by paying a fine of Rs. 50 crore each. Taking into account Sushil’s age, Mishra had also held that his imprisonment will stand reduced to the sentence already undergone if he pays the fine..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..The present Bench has agreed with Justice Mishra’s sentence on the same ground stated by Justice Mishra – that the fine recovered from the convicts in lieu of the additional imprisonment can be used for a public purpose..It has, however, differed with her regarding the sentence of imprisonment given to Gopal Ansal, who has now been given the same sentence as Sushil. Justice Mishra’s sentence differed from the current one – in that she had not given Gopal Ansal one of the two convicts, the luxury of escaping the one year imprisonment term given by the High Court; he could only do away with the additional one year term imposed by Justice Mishra. This Bench has, however, afforded Gopal also the same benefit on the ground of “parity” with Sushil..The Supreme Court, therefore, held the following:.“After having considered the facts of the case, the views expressed by both the learned Judges and the arguments advanced by the learned counsel appearing for both sides, we are in agreement with the view expressed by Misra, J. that sentence awarded by the High Court needs to be enhanced to the maximum period of two years under Section 304-A but in lieu of additional period of sentence of one year, the substantial amount of fine needs to be imposed. We are further of the view that in case the said amount of fine is paid, the sentence should be reduced to the period already undergone, as indicated by Misra, J. in the case of Sushil Ansal (A1). On the principle of parity, the case of Gopal Ansal (A2) will stand on the same footing as that of Sushil Ansal (A1)..We, therefore, direct that a fine of Rs.30 crore on each appellant should be imposed and if the said fine is paid within a period of three months, the sentence of the appellants be reduced to the sentence already undergone. …If the aforestated amount is not paid within three months from the date of order dated 19th August, 2015, the appellants shall undergo two years’ rigorous imprisonment, including the sentence already undergone.”.The Supreme Court has also directed that the fine amount should be used either for the purpose of setting up a Trauma Centre in Delhi or for upgrading Trauma Centres of Hospitals managed by the Government of Delhi..Senior Advocate Ram Jethmalani had appeared for Ansal brothers in the case..Read the judgment below.