Uphaar Fire Tragedy: Delhi High Court Issues Notice On Sushil Ansal's Plea Against Conviction In Evidence Tampering Case

The Delhi High Court Tuesday issued notice on the plea moved by real estate baron Sushil Ansal against his conviction and sentencing in the evidence tampering case connected to the 1997 Uphaar fire tragedy.

Justice Purushaindra Kumar Kaurav admitted Ansal's revision petition for hearing and called for the trial court records in soft copy.

As the court was apprised that Ansal has already deposited the fine imposed by the trial court, the bench ordered:

"The revisionist has already deposited the fine amount and the same is also disbursed. The revision is admitted for hearing. Let the trial court record be called in soft copy."

The court also issued bailable warrant against one of the convicts PP Batra — who wasn't present and did not have any lawyer represent him before the court, in the plea moved by Association of Victims of Uphaar Tragedy (AVUT) challenging early release of Ansal brothers and other persons.

While Ansals were sentenced to seven years imprisonment by the trial court, the Sessions Court in July reduced it to the already undergone period, meaning they were freed after spending a little over eight months in jail in the case. 

In the plea moved through Advocates Gautam Khazanchi and Kumar Vaibhaw, Ansal has argued that the Principal Sessions and District Judge had not provided independent reasons while confirming his conviction after order passed by the CMM.

CMM Pankaj Sharma had convicted Ansals and others under Sections 201 (tampering of evidence), 120B (criminal conspiracy) and 409 (criminal breach of trust by public servant) of the Indian Penal Code.

The plea further argues that the Principal Sessions and District Judge failed to appreciate that there was no evidence, direct or indirect, inferring Ansal's involvement in the matter.

"The Ld. Appellate Court did not discharge its burden judicially and did not rule out all alternative hypothesis in the present case. It is submitted that in the present case the chain of circumstances is neither complete nor it is leading to the inference of guilt qua the Petitioner. It is further submitted that the present case is a classic example of motivated investigation where the Petitioner has been roped merely for extraneous reasons," the plea states.

Apart from challenging the conviction and order on sentence, the plea also seeks directions on AVUT to give security or undertaking of Rs. 3 crores qua the fine deposited by Ansal till the disposal of the plea.

Title: Sushil Ansal v. State—