Uphaar cinema owners, Sushil and Gopal Ansal,claimed innocence in the Delhi HC saying the blaze in the theatre which killed 59 cine-goers in 1997 had started from a negligently-repaired DVB transformer.
NEW DELHI: Uphaar cinema owners, Sushil and Gopal Ansal, on Monday claimed innocence in the Delhi High Court saying the blaze in the theatre which killed 59 cine-goers in 1997 had started from a negligently-repaired DVB transformer.
"The proximate cause, the nearest to the commission of offence, is the act of Delhi Vidyut Board (DVB) technicians who, in the morning of June 13, 1997, repaired the transformer," senior lawyer Ram Jethmalani said while defending the Ansal brothers, who were earlier sentenced to two years jail term in the Uphaar fire tragedy case.
Advancing the final arguments before a bench of Justice H R Malhotra, he said the transformer belonged to the government-owned power company, DVB, and on the fateful day, it was repaired by DVB technicians.
Citing legal provisions, Jethmalani said "the cause of death was asphyxia. And how come, the Ansals caused this to the patrons of the cinema hall," he said, adding the theatre's transformer, which was lying adjacent to the DVB transformer, did not catch the fire.
The Ansal brothers, who along with ten others were sentenced to varying jail terms by a trial court on November 23, had challenged their conviction saying they were not handling day-to-day affairs of the cinema in which 59 cine-goers died due to asphyxia.
While over 100 others were injured in a subsequent stampede following a devastating blaze at Uphaar cinema on June 13, 1997.
Assailing the Ansal brothers' conviction, Jethmalani said the trial court had "gravely" erred in concluding their act constituted the criminal negligence, causing victims' death.
The final arguments remained inconclusive and would continue on March 14.
In a bid to shift the blame on government power distribution company, Jethmalani said the theatre owners were forced to allow the installation of the transformer on the ground floor of the theatre.
Earlier, Ansal brothers, on January four, were granted bail by the Delhi High Court.
Besides them, seven others -- Radha Krishan Sharma, N S Chopra, Ajit Chowdhary (Uphaar managers), Manmohan Unniyal (cinema's gatekeeper), Brij Mohan Satija, A K Gera and Bir Singh (all DVB officials) -- held guilty for culpable homicide not amounting to murder, were awarded seven years rigorous imprisonment.
Three others, convicted for offences similar to that of Ansal brothers, were also awarded two years' jail term each.
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