NEW DELHI: The Delhi High Court on Monday sought the reply of real estate tycoons Sushil and Gopal Ansal, who were released against the jail term already undergone by them since November 8, 2021, on a plea by the victims seeking enhancement of the punishment for tampering with evidence in the 1997 Uphaar cinema fire case.
Justice Asha Menon issued notice to the Ansal brothers and the state on the petition by Association of Victims of Uphaar Tragedy (AVUT) and asked them to file their response while listing the matter for further hearing on October 11.
During the hearing, the counsel representing the state said they support the petition and would file an appeal challenging the trial court’s order releasing Ansals on the period already undergone in jail.
The petitioner organisation, represented through senior advocate Vikas Pahwa, has challenged the trial court’s order on sentence and sought enhancement of the jail term from the period already undergone to the original sentence of seven years awarded to the convicts earlier.
A magisterial court had on November 8, 2021, awarded seven-year jail terms to the real estate barons and since then they were in prison. The district judge had on July 19 modified the magisterial court’s order on sentence and ordered the release of Ansals, former court staff Dinesh Chand Sharma and Ansal’s then employee P P Batra against their already undergone jail term since November 8, 2021.
It, however, had upheld the fine of Rs 2.25 crore imposed by the magisterial court on Sushil and Gopal Ansal each and Rs 3 lakh each on the other two. The petition said the district judge has failed to consider that the offence of tampering is extremely serious in nature as it affects the entire criminal justice system.
“It is direct interference in the administration of justice and thus requires serious consideration while sentencing a convict for committing the offence of misappropriating the court files and tampering with the most crucial evidence, purported to be used for convicting an accused person,” the plea, filed through AVUT chairperson Neelam Krishnamoorthy, said.