The Supreme Court on Thursday turned down a request by the Central Bureau of Investigation (CBI) for additional time to argue against Ansal brothers’ release in the 18-year-old Uphaar fire tragedy.
Complaining that it was not fully heard in the matter, senior advocate Harish Salve who appeared for the CBI as Special Prosecutor, sought 15 minutes to argue the case and show material to suggest that the accused did not merit any leniency. Salve, who made a mention of his request before the Bench headed by Justice AR Dave, addressed a grievance that the CBI, which is the prosecuting agency, was not fully heard on some crucial aspects of the case. Since the Bench was still in the process of preparing the detailed judgment, Salve requested for additional 15 minutes to argue as he was not present on Wednesday when the hearing was closed.
The Bench of Justices AR Dave, Kurian Joseph and Adarsh K Goel expressed inability to accommodate Salve’s request. It said, “We have pronounced our order and rules do not permit a fresh hearing or reopening of arguments.” Salve persisted with the Bench, “I am appearing pro bono (without fees) for CBI for last 16 years. Since I was not able to argue on Wednesday, allow me just 15 minutes.”
The Bench remained adamant. It told Salve to raise this point in the review petition challenging their decision. “You file a review petition. We will consider your grievance then,” added the Bench.
Meanwhile, the victims association is also planning to take the next legal recourse and is consulting its lawyers for filing a review petition. According to Shekhar Krishnamurthy of the Association of Victims of Uphaar Tragedy (AVUT), the Association will join CBI in filing a review petition as it is the only recourse left for them.
Fifty-nine people were killed in the fire at Uphaar cinema on June 13, 1997. The theatre was owned by Ansal brothers — Gopal and Sushil Ansal, who were charge sheeted by the CBI for causing death due to negligence, punishable under Section 304A of the Indian Penal Code. The trial court awarded them two years sentence, which got reduced to one year by the Delhi High Court. The SC on March 5, 2014 had upheld their conviction but a difference of opinion on grant of sentence landed the case before a three-judge Bench, which on Wednesday allowed Ansals to be released on payment of Rs60-crore fine to be paid to Delhi Government. The Ansals have only undergone close to five months in jail.