Uphaar Fire Tragedy: Supreme Court Seeks CBI Response In Theatre Owners’ Plea To Return Property

In an appeal plea moved by the owners of Ansal Theatres seeking the custody of the theatre and its premises, the Supreme Court on Wednesday orally sought the response of the Central Bureau of the Investigation in connection with the Uphaar fire tragedy that happened in 1997.

The plea was moved by the Theatre owners in 2010 stating that even after the victims were paid the compensation due, the theatre and its premises were not returned to them. Before a Bench of Justices KM Joseph, BV Nagarathna and Aravind Kumar, Senior Advocate R Bansant for the appellants argued that for the past 26 years the theatre had been lying vacant.

“The accused who has been summoned as a result of the Sessions Judge, has come here. Let me at least gave the satisfaction of filing a reply to these affidavits”, the senior counsel appearing for the Association of Victims of Uphaar Tragedy (AVUT) then said.

But the Bench pointed out that AVUT isn't a party to matter.

"You are not a party. The nature of the plea is to give back the theatre. How is it your concern? How are you going to be adversely affected in the slightest way? In fact, if you give back the theatre to them, part of the payments [compensation], which according to you, is due from them, that can be paid."

The counsel for AVUT said it was a matter of “justice”.

"This case is not about money, it’s about justice. The manner in which people lost their lives. The trial with regard to this, if the real culprits go scot-free and the others serve sentences, it won't be right", the counsel said.

"What has the accused persons' conviction got to do with the return of the property to the owner?", Justice Nagarathna asked.

The Court then posted the matter for further hearing on April 20. The plea was filed through Advocate on Record Sanjay Jain.

Case Title: Ansal Theatres and Clubhotels vs CBI | Crl A 603/2010.