By Kanu Sarda and Rana Ajit, IANS
New Delhi : The Delhi court verdict which held the Ansal brothers guilty of negligence in causing the Uphaar fire claiming 59 lives a decade ago has triggered demands for harsher punishment to those who cause deaths by rash and careless acts.
In the Uphaar fire tragedy case, the Ansal brothers Gopal and Sushil were convicted Tuesday under section 304 A of the Indian Penal Code (IPC) on charges which pertain to causing death by a rash and negligent act.
The conviction entails a maximum of two years in jail. It’s the same section that is often used in road accidents.
Reacting to the verdict by the Additional Sessions Judge Mamta Sehgal, leading criminal lawyer K.K. Manan told IANS: “It’s time the parliament amended the law to make the punishment under 304 A of IPC more stringent. The lawmakers must provide for a punishment of at least 10 years in such cases of causing deaths due to any rash or negligent act.
“Russian laws prescribe death penalty for loss of lives in hit-and-run cases, which is described here in India merely as an offence of causing death by negligence. And even the sentence for it is quite mild.”
Former additional solicitor K.K. Sood echoed Manan’s view, though the maximum jail term he wanted was seven years, not 10.
“The punishment prescribed under section 304 A of the IPC should be increased from the maximum of two years to seven years,” said Sood.
Sood also favoured making the offence non-bailable. A person accused of committing a non-bailable offence can secure bail only from a court.
But when the offence is bailable, the police are empowered to release suspects on bail.