Uphaar sentence: Delhi court shows the strength of judicial process

For the families of victims of the 1997 Uphaar cinema tragedy in Delhi — 59 people lost their lives and more than 100 were injured when a fire broke out during the screening of Hindi film ‘Border’ — it has been a relentless struggle for justice, and to hold accountable those responsible for the lapses. Over two decades later, a sense of closure has been elusive. A Delhi court’s conviction and awarding of seven-year jail terms to cinema owners and real estate barons Sushil and Gopal Ansal, and three other accused, for tampering with evidence brings renewed hope. As does the judgment by Chief Metropolitan Magistrate Pankaj Sharma that the foundation of judiciary is premised on the trust and confidence of the people; any action aimed to thwart that foundation cannot be permitted and is required to be dealt with utmost strictness. Sentenced to a two-year jail term by the Supreme Court in 2015, the Ansals were released taking into account the prison time they had served on the condition that they pay Rs 30 crore fine each, to be used for building a trauma center. Reviewing its decision later, the apex court had sent Gopal back to jail for a year, sparing the brother because of old age. In the fresh conviction, the lower court has observed that the accused had destroyed critical documents ‘which were capable of proving their complicity’ in the tragedy. In other words, it goes on to say, they fiddled with the judicial system to escape punishment by scuttling the trial process, showing deep disrespect for the law and the victims.

Fined Rs 2.25 crore each, the Ansals will have to bear all expenses of the complainant, the Uphaar victims’ association, during the course of the long trial and after that, compensation will be paid to those who lost family members. Money can provide little solace, what could is the court’s observation that the collective cry of society must be responded by way of appropriate punishment to prevent recurrence of such crimes. The wheels of justice move slowly, but move they certainly do.

(Tribune, India)

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