CBI and victims’ families to seek review of SC order

The CBI and the Association of Victims of Uphaar Tragedy (AVUT) on Friday moved the Supreme Court seeking review of its verdict in the 1997 Uphaar fire tragedy in which 59 cine-goers had died of asphyxia during the screening of Bollywood movie ‘Border’.

The probe agency, in its review plea, has said the Apex court did not give it time to put forth its views which has resulted in the “miscarriage of justice.”

“Due to the paucity of time on the day on which this case was heard, the prosecution could not adequately put across the reasons why this court should not substitute a monetary fine in place of a jail sentence.

“This petition also seeks to raise issue of an apparent error of law in the judgment and order of this court which has occasioned a grave miscarriage of justice,” the agency said in its plea.

The association and the CBI have also filed application seeking open court hearing on the review pleas.

A three-judge bench had, on August 19, sent Ansal brothers, Sushil and Gopal, to two-year rigorous jail term if they failed to pay Rs 30 crore each within three months.

In a judgment on September 23, the Bench had said the “magnitude” of the tragedy case “calls for a higher sentence” but the court has to limit itself to the choice available under the law.

The review plea filed by AVUT, said, “the impugned orders are in gross violation of natural justice and have been passed without affording victims any effective, meaningful hearing.”

It said the Apex court judgments “bestow an unwarranted leniency on convicts whose conviction in the most heinous of offences has been upheld by all courts including this Court and sentences imposed on them have been substituted with fine without assigning any reason or basis.”

“The sentences of the convicts have been reduced to the period undergone without taking into account the gravity of their offence,” it said.