Uphaar case: Ansals' plea to file written submissions rejected

NEW DELHI: The Delhi High Court on Friday rejected the plea of Ansal brothers, facing trial in the Uphaar fire tragedy case, to place additional written submissions before the trial court hearing the matter.

"I find no error and infirmity in the judgement of the trial court, which had rejected their plea for submission of additional documents, Justice SN Dhingra said.

"There is no force in the petition," Justice Dhingra further said, while dimissing the petition of Ansal brothers.

Five accused, including Sushil and Gopal Ansal, had moved the High Court on September 17, seeking quashing of the trial court's order of September five, which had dismissed their plea to file written submissions before the pronouncement of the judgement in the 10- year-old case.

Besides Ansals, three managers of Uphaar Cinema Hall Ajit Chaudhary, Nirmal Singh Chopra and RK Sharma, in a joint petition, alleged that 'the trial court, from time to time, had raised certain queries and sought a few clarifications during the course of final arguments. However, it did not hear petitioners' counsel on those clarifications and fixed the next date of hearing."

The trial court, on August 22, did not accept their written arguments on the ground that the prosecutor was not present and disposed of their application without hearing them, they had alleged.

The trial court is likely to fix on October 22 the date for pronouncement of its verdict in the case of June 13, 1997 fire tragedy, which had claimed 59 lives including children and women during the screening of a Hindi film.

A total of 12 accused, including South Delhi-based Uphaar theatre owners, Sushil and Gopal Ansal, have been charged with causing death by negligent act.

"The accused had ample opportunity, after conclusion of special public prosector's arguments in October 2006, to prepare the written arguments and submit the same before concluding their oral arguments," the Court said.

Justice Dhingra further said that if the accused had filed the written submissions at the time of concluding the oral arguments, the Special Public Prosector, in rebuttal, would have been able to rebut the same or would have filed his own written submissions in response.

The trial court, on August 22, did not accept their written arguments on the ground that the prosecutor was not present and disposed of their application without hearing them, the accused had contended.

The court is likely to fix on October 22 the date for pronouncement of its verdict in the case of June 13, 1997 fire tragedy, which had claimed 59 lives including children and women during the screening of a Hindi film.

A total of 12 accused, including South Delhi-based Uphaar theatre owners, Sushil and Gopal Ansal, have been charged with causing death by negligent act.