By IANS
New Delhi : The Delhi High Court Tuesday sought response from the Central Bureau of Investigation (CBI) and Association of Victims of Uphaar Tragedy (AVUT) on an appeal filed by Sushil Ansal, co-owner of Uphaar cinema hall, challenging his sentencing in the Uphaar fire tragedy case.
Justice S.N. Dhingra, while issuing notices, posted the matter to Jan 2 for further hearing.
“I have no problems in hearing the case, but it would be possible only after the vacation. I have many judgements to pronounce. I can hear the matter on the opening day of the vacation,” Justice Dhingra said.
R.K. Naseem, counsel for Sushil Ansal, told IANS that the lower court judge in her judgement had clearly pointed out the reason for the June 13, 1997, fire in the hall that had left 59 people dead. “The faulty repair of the Delhi Vidyut Board transformer (that had caught fire) is the main cause for causing the death of 59 innocent lives in the cinema hall,” said Naseem.
He added that the Ansals were not responsible if the fault pointed out by the authorities to the DVB was not repaired properly.
Sushil Ansal in his appeal in the high court stated that section 304 A (negligence) of the Indian Penal Code was not clearly made out. “Ansals are nowhere directly involved, so all the lapses cannot be attributed to them,” Naseem said.
“The lower court judge did not appreciate the fact that in the case of negligent act, there is no scope for vicarious liability. It is an individual liability. In this case, for the acts and omissions of various government agencies committed by the officials of those agencies in affording various sanctions and relaxations, Ansals cannot be held for what the other officials have done, as it is not permissible under the law,” the petition states.
A lower court on Nov 23 sentenced Sushil Ansal and his brother Gopal, the owners of Uphaar cinema hall, to two-year jail terms for causing death by their negligent act. The Ansal brothers were granted bail, which expires on Jan 8.
Seven other convicts 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) were held guilty for culpable homicide not amounting to murder, and awarded seven years’ rigorous imprisonment.