Uphaar tragedy: SC justifies decision to let off Ansal brothers

The Supreme Court on Wednesday said the magnitude of the Uphaar tragedy, which had claimed 59 lives, called for a higher sentence to convicts but the court had to limit itself to the choice available under the law.

The court had, on August 18, accepted the argument of senior lawyer Ram Jethmalani, who represented the convicted Ansals brothers - Gopal and Sushil - that the two be let off after considering the period of the imprisonment they had already served and also considering their age. Both are in their 70s. While Sushil Ansal spent five months in jail, Gopal was in jail for just over five months. They were let off with a fine of Rs 30 crore each.

"We have duly considered the matter. It hardly needs to be mentioned that an appropriate sentence has to be awarded by taking into consideration the gravity of offence, the manner of commission, the age of the accused and other mitigating and aggravating circumstances.

The sentence should neither be excessively harsh nor ridiculously low. We are conscious of the fact that matter of this magnitude may call for a higher sentence, but the court has to limit itself to the choice available under the law prescribing sentence," said a three-judge bench, headed by Justice AR Dave.

As many as 59 people died and 100 were injured in the fire during the screening of Hindi blockbuster Border on the evening of June 13, 1997.

The fire started in the parking lot and then engulfed the building in the busy Green Park area. Most people died in the ensuing stampede or were asphyxiated as the escape routes were blocked by illegally fixed chairs.

The trial court had sentenced the duo to two years' rigorous imprisonment in November 2007. But in December 2008, the Delhi High Court reduced their sentence to one year.