Uphaar cinema tragedy: SC directs Delhi govt to file status report on trauma centre
The Supreme Court on Wednesday directed the Delhi government to submit a status report on the progress in the construction of a trauma centre, which was to be set up in memory of the victims of the Uphaar fire tragedy utilising ₹60 crore paid by theatre owners Ansal brothers. The order to build a trauma centre was issued in September 2015, with a timeline of two years.
A bench of justices Surya Kant and Joymalya Bagchi granted three weeks to the Delhi government to file its report.
The order was passed on an application moved by the Association of Victims of Uphaar Tragedy (AVUT), which contended that there was no information forthcoming from the Delhi government on the status of construction of the trauma facility and the ₹60 crore transferred to it for this purpose.
While additional solicitor general (ASG) Archana Pathak Dave, representing the Delhi government, sought time to file a reply, AVUT, represented by advocate Diksha Rai, pointed out that the top court's order had required the trauma centre to be set up within two years.
The incident pertains to a fire that broke out on June 13, 1997, which killed 59 people. The top court, in September 2015, held the Ansal brothers guilty of causing death due to negligence. A three-judge bench sentenced them to two years of imprisonment, with a rider that in lieu of a one-year sentence they had to further undergo, they could instead pay a fine of ₹60 crore, divided equally between the two brothers.
The trauma facility was to come up at Dwarka in west Delhi.
The application by AVUT said, 'While about 10 years have elapsed since the stipulated fine amount was deposited with the office of the chief secretary, government of NCT of Delhi on November 9, 2015, the trauma centre envisaged in this court's directions remain a non-starter, with no discernible steps having been taken towards its construction.'
The AVUT moved the application this year, even as their appeal challenging a Delhi high court order of December 2008—reducing the two-year sentence awarded to Ansals by the trial court to one year—remains pending. The Ansal brothers were chiefly convicted under sections 304-A (causing death due to negligence), 337 (endangering life), and 338 (causing grievous hurt) of the Indian Penal Code.
Initially, a two-judge bench of the Supreme Court delivered a split verdict on March 5, 2014. While one judge affirmed the HC order, the other judge was of the view that the sentence be enhanced to the maximum of two years rigorous imprisonment, but went on to add that the enhanced jail sentence of one year will be substituted with an exemplary fine of ₹100 crore. Due to the difference of opinion, the matter went to a three-judge bench, which reduced the fine to ₹60 crore, to be shared equally by the Ansal brothers.
Later, the association filed a review petition, which was dismissed by the top court in February 2017. However, the court reiterated that the money should be utilised for the construction of a trauma hospital.
Since then, the association has filed several applications under the Right to Information Act for information on the progress of construction. It also wrote to the Chief Justice of India in 2021 to ensure the order of the court is implemented.
'The funds allocated for the trauma centre continue to remain unutilised, and the proposed facility remains a mere concept on paper. The continued inaction and lethargy exhibited by the concerned authorities, despite the clear mandate of this court, reflects an alarming disregard not only towards judicial directions, but also towards the need for improved healthcare infrastructure,' the application stated.
The next hearing in the case is scheduled for August.
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