The Supreme Court on Thursday kept intact its order sentencing real estate baron Gopal Ansal to undergo the remaining term of his one-year punishment in the Uphaar fire tragedy but allowed him time till March 20 to surrender.
Gopal, the younger of the Ansal brothers who owned Uphaar cinema, had asked the Court to reconsider its February 9, 2017 decision sending him to jail while exempting his elder brother Sushil on account of his old age.
Senior advocate Ram Jethmalani appeared for Gopal to argue that the Court never considered his medical condition which was worse than his brother and if at all, exemption had to be given, he deserved it most owing to his precarious health records.
An affidavit of his lawyer and doctor was attached with the application to suggest that the medical records of Gopal was presented during the trial. However, the Apex Court while allowing the exemption to Sushil stated that Gopal was not entitled to the same benefit as it was never argued by him in the trial court. The Bench of Justices Ranjan Gogoi, Kurian Joseph and Adarsh Goel dismissed the application and found it quite strange that even the victims had filed an application seeking modification of
a review petition by demanding Sushil to be sent to prison too.
Senior advocate KTS Tulsi, who appeared for the victims of Uphaar tragedy, was at a loss of words when the Bench asked him whether by filing of the application, the victims agree that there could be a “review of a review petition” by way of filing an application.
The Court’s observation was relevant since the Registrar (Judicial) of the Supreme Court had flagged an objection by refusing to register Gopal’s application.