Date:11/09/2008 URL: http://www.thehindu.com/2008/09/11/stories/2008091160931300.htm

National

Court cancels bail to Ansal brothers

Legal Correspondent

NEW DELHI: The Supreme Court on Wednesday cancelled the bail granted by the Delhi High Court to two Ansal brothers and two former managers in the Uphaar Cinema fire tragedy case. Fifty-nine people died in the blaze, which occurred on June 13, 1997.

A Bench, consisting of Justices B. N. Agrawal and G. S. Singhvi, directed Sushil Ansal, Gopal Ansal and the former managers of the theatre, Ajit Chowdhary and Nirmal Chopra, to surrender before the Additional Chief Metropolitan Magistrate, Patiala House, by 4 p.m. on Thursday.

The Bench was allowing appeals filed by the Association of Victims of Uphaar Tragedy (AVUT) and the Central Bureau of Investigation challenging the bail granted to the accused in January. The Ansal brothers were sentenced to two-year imprisonment and the former managers to seven-year jail.

The Bench said: “Ordinarily we would have passed a reasoned order but in view of the fact that appeals are still pending before the High Court, if a detailed order is passed the same may prejudice any one of the parties in the appeal. We do not propose to adopt that procedure.”

As far as the Ansal brothers were concerned, the Bench said: “It is well settled that in appeal against conviction under Section 304A IPC [causing death by negligence], the offence being bailable, bail is granted without much ado. But in the facts and circumstances of the present case especially in view of the conduct of the accused during the trial, we are of the view that it is not a fit case for grant of bail.”

The Bench also rejected the bail plea by B. N. Satija, a former Delhi Vidyuth Board employee, and Manmohan Unniyal, gatekeeper of the theatre in the capital.

The Bench said: “It would be expedient to see that the appeals in the High Court are disposed of with the utmost expedition.” In its appeal, the AVUT alleged that vital documents were missing from court records and the trial court after enquiry dismissed a court clerk. It came to light that the Ansal brothers were responsible for the removal of the documents and a case was pending against them for destroying evidence. The High Court did not consider this aspect, the AVUT said.