He would have been a grandparent by now, thinks Naveen Sawhney. Instead, he spent Saturday morning remembering his daughter Tarika, who was 21 years old when she died in the fire that engulfed Uphaar Cinema in South Delhi on June 13, 1997.
It’s been 18 years since 59 people lost their lives in the tragedy. The families of the victims, which included 23 children, held a prayer meet on Saturday in memory of their loved ones.
“She was engaged to be married at the end of the year. The feeling of loss will never leave our hearts, but we had thought we would be able to give peace to their souls. But, that hasn’t happened,” said Mr. Sawhney.
For the first time, the victims’ families wore black bands as a sign of protest against the lethargic criminal justice system. The Supreme Court had found the owners of the cinema, Sushil and Gopal Ansal, guilty on March 5, 2014, but it is yet to give the sentence.
A trial court had in 2007 convicted all 12 people accused by the CBI in its chargesheet. The Delhi High Court had, however, in 2008, reduced the sentence of the Ansals from two years to one.
Neelam Krishnamoorthy, president of the Association of the Victims of Uphaar Tragedy (AVUT), who lost her two children in the fire, said she was afraid she would not be around to see justice done.
“It’s my silent prayer that the sentence is pronounced before I die. It is unprecedented that over a year after the conviction was upheld by the Supreme Court, the sentence hasn’t been given,” she said.
But, she added that just because her children were gone, she hasn’t stopped being a mother. “I would have done anything for them had they been alive, so I can’t stop fighting for justice because they are not here,” she said.
Over the past year, AVUT has moved three pleas in the Supreme Court for early hearings. The matter came up for hearing on April 21, but the Ansals managed to get it adjourned.
“Had this tragedy happened anywhere else in the world, the culprits would be behind bars and bankrupt by now. But, in our country human lives don’t matter, the children of the country don’t matter,” said Ms. Krishnamoorthy.
Chronology of events:
June 13, 1997: 59 people die of asphyxia in a fire in south Delhi’s Uphaar cinema during the screening of Hindi movie ‘Border’ Over 100 were injured in subsequent stampede.
July 22: Uphaar theatre owner Sushil Ansal and his son Pranav arrested in Mumbai.
July 24: Probe transferred from Delhi Police to Central Bureau of Inevestigation (CBI).
Nov 15: CBI files chargesheet against 16 accused including theatre owners Sushil and Gopal Ansal.
March 10, 1999: A sessions court presided by L.D. Malik initiates trial.
Feb 27, 2001: Court frames charges against accused under various Sections, including Sections 304 (culpable homicide), 304 A (causing death by negligent act) and 337 (hurt) of the IPC.
May 23: Recording of prosecution witnesses’ testimony begins.
April 4, 2002: Delhi High Court asks trial court to try to wrap up the case by December 15.
Jan 27, 2003: Ansals’ plea seeking re-possession of the theatre rejected on the ground that place of incident is to be preserved to appreciate evidence.
April 24: Delhi HC awards Rs 180 million compensation to be paid to relatives of victims.
Sept 4, 2004: Court starts recording statements of accused.
Nov 5, 2005: Recording of testimonies of defence witnesses begins.
Aug 2, 2006: Court concludes recording of testimony of defence witnesses.
Aug 9: Additional Sessions Judge Mamta Sehgal inspects the theatre.
Feb 14, 2007: Accused start advancing final arguments.
Aug 21: Association of Victims of Uphaar Tragedy (AVUT) approaches Delhi HC seeking conclusion of trial within a time frame.
Aug 20: Senior advocate Harish Salve appears for CBI and advances final arguments.
Aug 21: Judgement reserved. Court fixes September 5 for pronouncement of verdict.
Sep 5: Court defers pronouncement of verdict and says it would fix the date of judgement on October 22.
Oct 22: Court fixes November 20 as date of verdict.
Nov 20, 2007: Court convicts all 12 accused, including Sushil and Gopal Ansal, in the case and sentences them to two years imprisonment.
Jan 4, 2008: Delhi HC grants bail to Ansal brothers and two other accused.
Sep 11: Ansals sent to Tihar Jail after Supreme Court cancels their bail.
Nov 17: Delhi HC reserves order on appeals filed by Ansals, other accused, CBI and AVUT.
Dec 19: Delhi HC upholds trial court order convicting Ansal brothers but reduces their sentence from two years to one year. Upholds conviction of six out of 12 accused.
Jan 30, 2009: SC issues notice on petition filed by AVUT for enhancement of sentence of Ansal brothers and alteration of charge. SC also issues notice on plea of Ansals and others challenging their conviction.
2009: CBI files appeal in SC seeking enhancement of sentence of Ansals.
Apr 17, 2013: SC reserves order on appeals of Ansals, CBI and AVUT.
Mar 5, 2014: SC upholds conviction of Gopal and Sushil Ansal but refers the matter to three-judge bench on the issue of quantum of punishment due to difference in opinion.
