New Delhi, Feb. 9: The Supreme Court today sent real estate tycoon Gopal Ansal to jail for three months and again let off his elder brother Sushil Ansal in the Uphaar fire tragedy that had claimed 59 lives in June 1997, deeply disappointing family members of the victims.
"For the first time I can say I am ashamed to be an Indian, in a country where you cannot get justice after the accused have been held guilty," sobbed Neelam Krishnamoorthy, whose teenage son and daughter had perished in the fire.
A three-judge bench of Justices Ranjan Gogoi, Kurian Joseph and Adarsh Goel, by a 2:1 verdict, partially recalled the court's August 2015 order that had imposed a fine of Rs 30 crore each on the Ansal brothers but had ruled that the duo, who had spent 9 months in jail, need not serve any further imprisonment. The brothers, who owned Uphaar theatre, had been found guilty of causing death by a rash or negligent act.
The 2015 verdict was challenged by the CBI and the Association of Victims of Uphaar Tragedy by way of a review petition, which argued that the high and mighty could not get away with such a heinous crime just by paying monetary compensation. Krishnamoorthy is president of the association.
In the modified judgment today, Justice Gogoi and Justice Joseph said that while Sushil Ansal, 77, need not go to jail because of his age and related complications, Gopal Ansal, 74, should serve the remaining sentence of approximately three months. He shall surrender before police within four weeks from today.
Krishnamoorthy, who has been at the forefront of the 20-year battle for justice, cried: "I made a mistake by coming to the court, I think I should have picked up a gun and shot the Ansals. At least I would not have had to go through this torture. I am ashamed to be an Indian."
The bereaved mother asked that if Sushil Ansal could play golf at the age of 77 in the Delhi Golf Club, what prevented him from going to jail. She further said that no such leniency was shown to former Haryana chief minister Om Prakash Chautala and self-proclaimed godman Asaram Bapu, who both are in their late 70s and are in jail.
The Uphaar theatre fire was one of the worst in the capital, leaving 59 people dead and more than 100 injured. Most of the victims died of suffocation, unable to escape because one of the two exits had been blocked to accommodate additional, illegal seats.
The third judge on the bench, Justice Goel, was not in favour of interfering with the 2015 judgment and said in his dissenting view: "It is also necessary to mention that higher fine cannot be read as extra benefit to a rich person but has been imposed on account of capacity to pay. There is neither any illegality nor any impropriety warranting review of said order passed by this Court."
The observation comes in the backdrop of widespread criticism of the 2015 verdict on the ground that the high and mighty managed to get away by just paying fines.
