1997 Uphaar Fire Tragedy: Case eroded institutional integrity of Delhi Police- Prosecution to SC

New Delhi: Tampering with evidence by real estate barons Sushil and Gopal Ansal in 1997 Uphaar fire tragedy eroded the confidence and trust of a common man in the criminal justice delivery system, Delhi police told a court here on Friday.
The case is related to the tampering with the evidence of the main case in which Ansals were convicted and sentenced to a two-year jail term by the Supreme Court.

However, the apex court released them on the period already undergone in the jail on the condition that they pay Rs 30 crore fine each to be used for building a trauma centre in the national capital.

The Ansal brothers along with a court staff Dinesh Chand Sharma, and other individuals -- P P Batra, Har Swaroop Panwar, Anoop Singh, and Dharamvir Malhotra -- were booked in the present case of allegedly tampering with the evidence.
Panwar and Malhotra died during the course of the trial.

"The Uphaar Cinema Fire Tragedy was the most sensitive case of the city at that time. The disappearance of documents and tampering with evidence in such a case cannot be taken lightly," the prosecution submitted before Chief Metropolitan Magistrate Pankaj Sharma.

It said that handpicking several most crucial and material documents from voluminous files running into more than a thousand pages pertaining to the most sensitive case of the city having international ramifications, getting them removed, defaced, and obliterate demonstrated the nefarious design and deliberate flagrant act done by the accused persons pursuant to a well-planned conspiracy to cover up the crime.

The prosecution argued that only the complainant could not be considered to be the victim of crime in the present case but the justice delivery system had itself been made a victim of the crime.

"This is the case that has not only potentially eroded the institutional integrity of the Delhi Judiciary but has also seriously affected the administration of the criminal justice system," the prosecution told the court. It said that the case has not only polluted the stream of justice but it has also undermined the majesty of 'Rule of Law'.

"This is the case that has not only brought a bad name to our well-tested criminal justice delivery system but it has also eroded the confidence and trust of a common man in the system," it said.

The prosecution added that no court of law can afford to turn a blind eye to the commission of such a serious offence. According to the charge sheet, the documents alleged to have been tampered with included a police memo giving details of recoveries immediately after the incident, Delhi Fire Service records pertaining to repair of transformer installed inside Uphaar, minutes of Managing Director's meetings, and four cheques.

Out of the six sets of documents, a cheque of Rs 50 lakh, issued by Sushil Ansal to self, and minutes of the MD's meetings, proved beyond doubt that the two brothers were handling the day-to-day affairs of the theatre at the relevant time, the charge sheet had said.

The fire had broken out at the Uphaar cinema during the screening of the Hindi film ''Border'' on June 13, 1997, claiming 59 lives. The case was lodged in the direction of the Delhi High Court while hearing a petition by Association of Victims of Uphaar Tragedy (AVUT) chairperson Neelam Krishnamoorthy.

The accused are charged with offences under sections 120-B (criminal conspiracy), 109 (abetment), 201 (causing disappearance of evidence of offence), and 409 (criminal breach of trust) of the IPC.

(With agency inputs)