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Ansals cannot sell Uphaar Cinema till verdict: Delhi HC
New Delhi, Sept 12: The Delhi High Court today ordered the release of Uphaar Cinema hall to the Ansals within one month of the conclusion of defence evidence in the criminal case pending trial at Patiala House here but has disallowed its sale till a final verdict.
New Delhi, Sept 12: The Delhi High Court today ordered the release of Uphaar Cinema hall to the Ansals within one month of the conclusion of defence evidence in the criminal case pending trial at Patiala House here but has disallowed its sale till a final verdict.
The direction came from Justice Kapoor on Ansal brothers`plea for releasing Uphaar Cinema hall, where 59 people were killed in a fire during the screening of Hindi blockbuster "Border" here in June 1997.
However, Justice Kapoor said if the trial court wanted to inspect Uphaar "for the purpose of properly appreciating the evidence", it shall do it within the said one-month period.
"The trial court shall not only take the decision whether the local inspection of the site of offence is required for the purpose of properly appreciating the evidence but also visit and inspect the scene, if it decides so, within one month of conclusion of defence evidence", the High Court said.
Justice Kapoor also directed the trial court that in case it decided to inspect Uphaar, it "shall prepare a memorandum of relevant facts observed at such inspection" and give copies of the same to the prosecution, victims` association and the accused persons free of cost.
The Uphaar Cinema hall shall be released to its owners - Ansals "after the aforesaid one-month period," the court said.
Justice Kapoor clarified that the directions were issued "to avoid any prejudice of any kind to any of the parties as to the result of the trial on account of the release of the premises".
Bureau Report
The direction came from Justice Kapoor on Ansal brothers`plea for releasing Uphaar Cinema hall, where 59 people were killed in a fire during the screening of Hindi blockbuster "Border" here in June 1997.
However, Justice Kapoor said if the trial court wanted to inspect Uphaar "for the purpose of properly appreciating the evidence", it shall do it within the said one-month period.
"The trial court shall not only take the decision whether the local inspection of the site of offence is required for the purpose of properly appreciating the evidence but also visit and inspect the scene, if it decides so, within one month of conclusion of defence evidence", the High Court said.
Justice Kapoor also directed the trial court that in case it decided to inspect Uphaar, it "shall prepare a memorandum of relevant facts observed at such inspection" and give copies of the same to the prosecution, victims` association and the accused persons free of cost.
The Uphaar Cinema hall shall be released to its owners - Ansals "after the aforesaid one-month period," the court said.
Justice Kapoor clarified that the directions were issued "to avoid any prejudice of any kind to any of the parties as to the result of the trial on account of the release of the premises".
Bureau Report