ANSAL THEATRES AND CLUBOTELS PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) Petitioners are owners of Uphaar Cinema which witnessed dance of death on 13.6.1997 when hundreds of people who had gone to see first show of the movie released on that day were trapped inside as the fire broke out and smoke emitted by it was sucked in through A.C ducts. Large number of people were choked to death while several received injuries. The doors were so locked that the people inside could not find their way out though they started running helter and skelter to save their lives. As many as 59 lives were lost due to asphyxia and many were injured as the gangways and exits remained closed. Balcony turned into a gas chamber. The fateful day turned out to be baneful day. City's eyes were suffused with tears. Whole world felt aghast by the heart-rending scenes of horrified citizens, victims' kiths and kins, near and dear ones.

(2.) It was one of the worst man made tragedies. Investigation revealed gross violation of Electricity rules, Cinematograph Act, Building Bye-laws, absence of gangways, absence of adequate facility of the exit from balcony, absence of second staircase and absence of any help from staff on duty. Greed and corruption proved to be the deadly monsters.

(3.) Friends and relatives of victims of scene of macabre organised themselves to see that the culprits are brought to justice and families of victims get compensation. They formed an Association and named it Association of Victims of Uphaar Tragedy (in short "AVUT"). By way of writ filed by AVUT, the petitioner-owners of the Cinema were ordered to pay Rs.18 crores as compensation to the families of dead and to the surviving victims. During investigation, cinema complex was sealed and put under the supervision of CBI in order to preserve the scene of offence. More than six years have passed, the trial is still going on and the premises are lying sealed. However, more than 108 witnesses have been examined out of long list of witnesses.