Uphaar Fire Tragedy: Delhi Court Suspends Convict's 7 Year Jail Term For Two Days On Humanitarian Grounds In Evidence Tampering Case

A Delhi Court on Saturday suspended for two days the 7 year jail term awarded to one of the convicts, Dinesh Chandra Sharma in connection with the Uphaar fire tragedy that happened in the year 1997.

Additional Sessions Judge Anil Antil suspended the sentence on humanitarian grounds for the purpose of allowing Sharma to attend his niece's engagement ceremony. 

Accordingly, Sharma was admitted to interim bail for two days i.e. November 21 and 22 subject to him furnishing of a bail bond in the sum of Rs. 50,000 with one surety of like amount.

"Keeping in view the facts and circumstances of the case, and the submissions of learned counsel for the parties including IO and the fact that there is specific report of the IO regarding supportive documents, and submissions of the learned APP that they have no objection, if the permission is granted to attend the ceremony for a limited period of one day only, therefore, without adverting to the merits of the case, on humanitarian grounds the sentence of conviction of appellant/convict suspended for two days ie. 21.11.2021 and 22.11.2021 and he is allowed to attend the engagement ceremony of Ms. Urvashi," the Judge ordered.

The Court added that Sharma shall surrender before the concerned Jail Superintendent on November 22 at 05.00 p.m. under intimation to the concerned IO and the appellate court.

The Court was hearing Sharma's appeal challenging a Chief Metropolitan Magistrate's order by way of which Sharma, along with real estate barons Sushil Ansal and Gopal Ansal and one PP Batra were sentenced to 7 years of simple imprisonment. The Ansals were fined Rs. 2.25 crores each. It also imposed a fine of Rs. 3 lacs each on Sharma, Prem Prakash Batra and Anoop Singh.

The CMM had had passed the order on sentencing after the Ansals and others were convicted under Sections 201 (tampering of evidence), 120B (criminal conspiracy) and 409 (criminal breach of trust by public servant) of the Indian Penal Code on October 8.

In its order, the Court was of the view that the documents which were tampered with by the accused persons formed the basis of their conviction in the main Uphaar case. It was of the view that those documents were "most critical" for the trial in order to establish their role and position.

"The accused persons were conveniently taking advantage of the missing documents during the trial of main Uphaar case as they challenged the motion of secondary evidence by the prosecution and in their statement under section 313 CrP.C refused to admit those documents on the premise that they were marked documents," the Court had said.

"So much so when the said documents were exhibited by the Court following the due procedure they challenged the said order. These facts taken in totality show that how important was these documents which were effaced from the record to secure their acquittal and put a stumbling block in the trial by preventing the Court in rendering judgment," it had added.

The Court had said that the manner in which process of law was subjected to desecration by accused persons is no less than defiling the justice administration system.

"The high handedness of the accused persons for securing benefit in the trial sans documents by any means demonstrate the scant regard which they have for the justice delivery system which is the bedrock of our democracy. The brazen attitude of the accused persons is reflective from their conduct as after destruction of evidence they vehemently opposed the prosecution plea for adducing secondary evidence. They left no stone unturned to prevent advent of secondary evidence," the Court had said.

The matter pertains to the tampering of evidence in connection with the fire tragedy case wherein the Ansals were convicted and sentenced by the Supreme Court.

As many as 59 people died and 100 were injured in the fire during the screening of Hindi blockbuster Border on the evening of June 13, 1997.

The fire started in the parking lot and then engulfed the building in the busy Green Park area.

Most people died in the ensuing stampede or were asphyxiated as the escape routes were blocked by illegally fixed chairs. The trial court had sentenced the duo to two years' rigorous imprisonment in November 2007.