SUSHIL ANSAL Vs. STATE

JUDGEMENT

(1.) Morning of June 13, 3997 was as bright as ever but the evening turned out to be the darkest for those whose kith and kin had gone to the matinee show at Uphaar Cinema. A fire in a transformer emitted thick smoke and toxic gases, which asphyxiated 59 patrons to death besides injuring over 100 in the balcony of the cinema. The agony, grief and the sorrow of those who lost their nears and dears in this tragedy can never be adequately compensated but the law enforcement agencies and justice delivery system come under a heavy duty to find out the cause of the incident, persons responsible for the cause and then proceed against them all in accordance with law.

(2.) In Crl. R. 238/2001 filed on behalf of petitioner Sh, Sushil Ansal former Managing Director of M/s. Green Park Theatres Associated Private Limited, which had built and established Uphaar Cinema, the prayer is to discharge him of the charges framed against him by the trial Court under Sections 304-A, 337, 338 read with Section 36 of Indian Penal Code and Section 14 of Cinematograph Act, 1952. In Crl.R.175/2001 also filed by Sh.N.S. Chopra, Manager of Uphaar Cinema, the prayer is for discharge. He has been charged by the trial Court under Section 304 read with Section 36 Indian Penal Code. Crl. R.270/2001 has been filed by Association of Victims of Uphaar tragedy with a prayer to charge Sh.Sushil Ansal and Sh.Gopal Ansal under Section 304 Indian Penal Code also in addition to the charges already framed against them.

(3.) I have heard Sh. Ram Jethmalani, Senior Advocate on behalf of petitioner Sh.Sushil Ansal, Sh.R.K.Naseem, Advocate for petitioner Sh.N.S.Chopra and Sh.K.T.S.Tulsi, Senior Advocate on behalf of the Association of Victims. Sh.Harish Salve, Solicitor General of India has made submissions on behalf of the State represented through Central Bureau of Investigation.