Court orders release of Ansal brothers over old age

New Delhi: A Delhi court on Tuesday ordered the release of real estate tycoons Sushil and Gopal Ansal against the jail term already undergone by them since November 8, 2021, in a case of tampering with evidence in the case related to the 1997 Uphaar cinema fire, which had claimed 59 lives.

District Judge Dharmesh Sharma said that the family members of the fire victims may not want the culprits to go scot-free and enjoy any rights and liberties in the remainder of their lives but this whole criminal litigation cannot be converted by the prosecution into an inhuman and vindictive approach to the present appellants.

A magisterial court had on November 8, 2021, awarded seven-year jail terms to real estate barons and since then they were in prison.

While modifying the magisterial court's order on sentence, the District Judge on Tuesday also ordered the release of former court staff Dinesh Chand Sharma and Ansal's then employee P P Batra against their already undergone jail term since November 8.

The court, however, upheld the fine of Rs 2.25 crore imposed on each Sushil and Gopal Ansal and Rs three lakh each on the other two by the magisterial court earlier.

"We empathise with you (Association of Victims of Uphaar Tragedy chairperson Neelam Krishnamoorti). Many lives were lost, which can never be compensated. But you must understand that penal policy is not about retribution. We have to consider their (Ansals) age. You have suffered, but they have also suffered," the judge said.

He said that the quantum of sentence of imprisonment awarded by the magisterial court was not only harsh, onerous but also disproportionate to the offence committed.

"The whole tone and tenor of the impugned order on sentence dated 08.11.2021 would show that the Ld. Trial Court passed the order on sentence, which by all parameters was punitive and retributive in nature so as to teach a lesson to the appellants Sushil Ansal and Gopal Ansal," the judge said.

It said that the case was not all about Sushil Ansal and Gopal Ansal, howsoever notorious they might be, but more importantly it was about appellant's court staff Dinesh Chandra Sharma and other convict P P Batra.