The Ansal brothers were ordered by the supreme court (SC) on Wednesday to surrender by Thursday evening to undergo a two-year imprisonment for negligence.
Cancels bail granted by Delhi HC soon after the bothers were awarded two years
by a trial court
NEW DELHI: The Ansal brothers were ordered by the supreme court (SC) on Wednesday to surrender by Thursday evening to undergo a two-year imprisonment for negligence that caused the Uphaar theatre fire tragedy that killed 59 people.
Terming the tragedy "worse than murder", an anguished court also noted that records pertaining to the theatre had been tempering with. "Tampering with judicial records is a crime worse than murder or dacoity," it said.
A bench of justices BN Agrawal and GS Singhvi cancelled the bail granted to Ansals by the Delhi high court within a day of a trial court order sentencing them to two years in jail under section 304A of the IPC, which stipulates a maximum two-year imprisonment.
Recently, arms dealer Sanjiv Nanda had got five years for negligence in killing six persons as the trial court held him guilty under the non-bailable section 304(2).
The Association of Victims of Uphaar Tragedy, led by Neelam Krishnamoorthy, had moved the apex court seeking cancellation of bail to Sushil and Gopal Ansal, alleging the brothers were manipulating the judicial system and delaying the disposal of their appeal by the high court.
The judges also cancelled bails of theatre managers Ajit Chowdhary and Nirmal Chopra, who have been awarded seven years. They initially ordered "forthwith arrest" of the accused, but on the plea by the Ansals' counsel Fali S Nariman, modified the order to surrender before the additional chief metropolitan magistrate "latest" by Thursday evening.
The judges also asked the CBI if any action had been taken against the then deputy commissioner of police (licensing) for permitting the theatre to run without a valid license.
They said, "We are of the view that it is not a fit case in which the HC should have granted bail to Chopra and Chaudhary (other accused).
"As far as Gopal Ansal and Sushil Ansal are concerned, it is well settled in the appeal
against conviction and sentence bail is granted without much ado.
"In view of the conduct of the accused persons after grant of bail during trial, we are of the view that it is not a fit case for grant of bail". Appeals are allowed. Impugned orders are set aside."
The court, however, directed that the hearing of the appeals in the case will be taken up on a day-to-day basis by another judge of the high court and will be disposed of as expeditiously as possible.
Earlier, the judges observed, "Ours is a country, where tragedy occurs. We cry and then wait for another tragedy to occur.
"This is the story of India. What is the government doing? In this country, nobody bothers about humanity.
"The incident (Uphaar tragedy) happened due to the criminal negligence of the theatre management."
b_rakesh@dnaindia.net
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