New Delhi: In a significant development, a Delhi court on Wednesday ordered the de-sealing of the Uphaar cinema hall, situated in Green Park Extension, where 59 cinema-goers had lost in a fire tragedy in 1997.
The court said that there was no valid reason to keep the property sealed any longer.
On April 27, the Supreme Court had allowed Ansal Theatres and Clubotels Private Ltd (applicant) to approach the trial court for de-sealing of the hall.
Parties to the case – the Central Bureau of Investigation (CBI), the Delhi Police, and Neelam Krishnamoorthy, President of the Association of Victims of Uphaar Tragedy (AVUT) – had already provided their consent to the apex court for the return of the theatre to the applicant.
“Senior Advocate for the applicant submits that before the Supreme Court on April 27, all the stakeholders have given no objection for returning of the theatre to the applicant,” the order copy read.
The firm’s former directors were real estate magnates Sushil Ansal and Gopal Ansal, who were convicted in connection with the fire tragedy.
Judge Sanjay Garg of Patiala House Courts said since the trial has reached finality, maintaining the seal on the property will serve no purpose. As a result, the application submitted by the company was allowed, permitting the property’s de-sealing and its release to the rightful owner.
However, during the proceedings, Krishnamoorthy alleged the applicant tampered with the judicial record. She claimed that a deliberate omission of certain lines from a Supreme Court judgement was made. She submitted that the “applicant has filed a copy of the judgement of the Apex Court dated 11.10.2004 in this case but deliberately to misguide the court, the bottom few lines of page no. 3 and 4 are missing. The applicant has tampered the judicial record for which appropriate action should be taken against the applicant”.
The judge dismissed the above allegation, saying that “no deliberate attempt to conceal these lines from the said judgement and it happened inadvertently”. She further submitted that the applicant had taken certain loans from various public sector banks against the said property, if the same is released to the applicant, the applicant may transfer the same which may affect the rights of the PSU banks.
The applicant’s application stated that the applicant/owner has been dispossessed of Uphaar Cinema since 1997 and no purpose will be served in depriving the applicant of its property any further and that the property itself is in dilapidated condition due to non- maintenance and is getting wasted.
“It is further stated that no purpose would be served if the present application is not allowed since the property which has been seized by the police cannot be retained for any time longer than absolutely necessary,” the court noted.
It was also submitted that the preservation of Uphaar Cinema has served out its purpose as the trial and appeals are concluded, further an elaborate inspection was done by the Inspecting Judge and photography and videography of the Uphaar Cinema premises are already on record/preserved. “It is further stated that no prejudice shall be caused to any person if it is so allowed,” the judge noted.
On April 27, a bench headed by Justice K.M. Joseph of the apex court recorded the CBI and the Delhi Police’s submissions that they do not have any claim over the property.
The bench, also comprising Justices B.V. Nagarathna and Ahsanuddin Amanullah, had said if the firm moves the trial court within 10 weeks, then the court could decide its plea in accordance with law.
Additional Solicitor General K.M. Nataraj, representing the investigation agency, had said the trial court is the appropriate forum, which can be approached to de-seal the property.
The AVUT had argued that the de-sealing of the cinema hall might affect evidence that extra seats had resulted in closure of the gangway leading to the death of cinema-goers.
Counsel, representing the Ansal brothers, had submitted that they have already deposited Rs 60 crore towards the construction of the trauma centre. The counsel said the cinema hall should be de-sealed as the trial in the main case is over. Earlier, the CBI had opposed the de-sealing and release of the cinema hall till the completion of the entire trial.
–IANS
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