Latest news with #AVUT
Time of India
4 days ago
- Politics
- Time of India
Passport case against businessman Sushil Ansal: Delhi court allows AVUT to assist prosecution
NEW DELHI: A Delhi court has allowed the Association of the Victims of Uphaar Tragedy (AVUT) to assist the prosecution in a fraud case against businessman Sushil Ansal. Ansal was convicted in the 1997 Uphaar cinema fire , which killed 59 people. The AVUTs chairperson, Neelam Krishnamoorthy, had filed an application to assist the prosecution in the case, raising certain objections in the investigation and filing of the chargesheet. Ansal was booked by Delhi Police's crime branch in 2019 under Section 12 of the Passport Act, which deals with obtaining a passport by suppressing information about nationality. The FIR was also registered under IPC Sections 177 (knowingly furnishing false information to a public servant) and 181 (false statement on oath or affirmation to public servant or person authorised to administer oath) 192 (fabricating false evidence), 197 (issuing or signing false certificate) and 420 (cheating). In an order on August 4, chief judicial magistrate Shriya Agarwal said, "The Association at the instance of which the law was set into motion in the present case ought to get a right of assisting the prosecution, to which there is no bar in law." AVUT, the judge said, was at liberty to assist the prosecution in the present case and no prejudice would be caused to the accused. Senior advocate Vikas Pahwa said the present case was registered through a Delhi High Court order in a writ petition filed by AVUT, and so effective right of participation could be given to the association. Earlier, in its 8-page final report, police claimed Ansal misled the government authority on oath that he has not been convicted in any criminal proceedings by any court. The case was lodged on the direction of the Delhi High Court while hearing a petition by Krishnamoorthy, alleging that Ansal concealed or gave false information to the authorities for renewal of his passport. Ansal, however, surrendered his passport on August 14, 2017 "because he knew that adverse orders against him may well be passed", the final report said. Krishnamoorthy, who lost two children in the tragedy, has been fighting a legal battle on behalf of the victims' families for over two decades. Rules stipulate for a new or a re-issue or a replacement of lost or damaged passport issued by the Ministry of External Affairs, the applicant has to disclose whether he is involved in any criminal case or not and to produce an no-objection certificate from the court concerned in case they are involved in any criminal prosecution. A fire at the Uphaar cinema during the screening of Hindi film 'Border' on June 13, 1997 had claimed 59 lives.
New Indian Express
4 days ago
- New Indian Express
Passport case against Sushil Ansal: Court allows victims' body to aid prosecution
NEW DELHI: A Delhi court has permitted the Association of the Victims of Uphaar Tragedy (AVUT) to assist the prosecution in a fraud case involving businessman Sushil Ansal, convicted in the 1997 Uphaar cinema fire that killed 59 people. The order was passed by Chief Judicial Magistrate Shriya Agarwal on August 4, following an application filed by AVUT chairperson Neelam Krishnamoorthy, who raised concerns over the investigation and the filing of the chargesheet in the case. Ansal was booked by Delhi Police's crime branch in 2019 for allegedly suppressing information while seeking renewal of his passport. He was charged under Section 12 of the Passport Act and IPC sections 177 (furnishing false information), 181 (false statement on oath), 192 (fabricating false evidence), 197 (false certificate), and 420 (cheating). The case was registered based on directions from the Delhi High Court while hearing a writ petition filed by AVUT. 'The Association at the instance of which the law was set into motion in the present case ought to get a right of assisting the prosecution, to which there is no bar in law,' the judge said, adding that AVUT was free to aid the prosecution and that such assistance would not prejudice the accused. Senior advocate Vikas Pahwa noted that the case stemmed from a writ petition filed by AVUT, making a strong case for their active involvement. In its final report, police claimed that Ansal misled authorities under oath by declaring he had not been convicted in any criminal proceedings. The report added that he surrendered his passport on August 14, 2017, 'because he knew that adverse orders against him may well be passed'. Krishnamoorthy, who lost her two children in the fire, has continued to fight for justice on behalf of the victims for more than two decades.
Hindustan Times
5 days ago
- Politics
- Hindustan Times
Delhi court allows Uphaar victims to assist police in prosecuting realtor in passport renewal case
NEW DELHI A Delhi court has allowed 1997 Uphaar fire tragedy victims to assist the Delhi Police in prosecuting realtor Sushil Ansal in a case accusing him of fraudulently getting his passport renewed. (Shutterstock) A Delhi court has allowed 1997 Uphaar fire tragedy victims to assist the Delhi Police in prosecuting realtor Sushil Ansal in a case accusing him of fraudulently getting his passport renewed. The order was passed by chief judicial magistrate Shriya Agrawal of the Patiala House Court on Monday, allowing a plea moved by Association of Victims of Uphaar Tragedy (AVUT) under Section 302 of the Criminal Procedure Code (CrPC), which allows a court to grant permission—other than to a police officer below the rank of Inspector— to conduct the prosecution in a case. The section essentially ensures that a complainant could participate in the prosecution through their counsel and assist the prosecutor, representing the police. The court said, '…it is observed that the association at the instance of which, the law was set into motion in the present case ought to get a right of assisting the prosecution, to which liberty, there is no bar in law…as opposed to being given the reigns of the prosecution itself, the Association is at liberty to assist the prosecution in the present case'. Sushil Ansal, 77, one of the convicts in the case pertaining to the Uphaar fire mishap, is also accused of getting his passport renewed by concealing his criminal antecedents and not obtaining the requisite no-objection certificate from the court. Following a writ petition filed by AVUT in the Delhi High Court, a case of cheating was lodged by the Delhi Police Crime Branch in 2019. In November 2007, a decade after the tragedy that killed 59 people, a trial court convicted realty tycoons Gopal Ansal and his brother Sushil Ansal, among others, and sentenced them to two years in prison, the maximum sentence the law provides for causing death due to negligence under Section 304A of the Indian Penal Code (IPC). In December 2008, the Delhi High Court upheld the conviction but reduced the sentence to one year. In February 2017, the Supreme Court directed the two of them to pay a fine of ₹30 crore each, for the construction of a trauma centre. While Sushil, who spent a little over five months in jail, was let off for the period already served on account of his age (then 77), then 68-year-old Gopal Ansal was directed to undergo one year of imprisonment. In July 2022, a Delhi court convicted the brothers in another case pertaining to the fire, related to tampering with and destroying evidence. The brothers were let off by the court in the case for the period already served by them during the pendency of the case. The case pertaining to passport forgery, where only Sushil Ansal stands as an accused, is currently at the stage of arguments on framing of charges at the Patiala House Courts. In its plea, AVUT, led by Neelam Krishnamoorthy, who lost her two children in the tragedy, represented by senior advocate Vikas Pahwa, highlighted that the victims had been at the forefront of the battle for justice and had closely tracked and assisted all hearings in the previous two cases against the Ansals. The plea also pointed out several grievances in the Delhi Police's investigation and filing of the charge sheet. Meanwhile, Sushil, through his Advocate Gautam Khazanchi, opposed the plea, stating that AVUT had no locus standi to address arguments on charge and prosecute Ansal as they were mere complainants.
Time of India
5 days ago
- Time of India
Court Allows Association Of The Victims Of Uphaar Tragedy To Assist Prosecution In Case Against Sushil Ansal
New Delhi: A Delhi court allowed the Association of the Victims of Uphaar Tragedy (AVUT) to assist the prosecution in a case against Sushil Ansal for purported fraud while renewing his passport. Ansal was convicted in the 1997 Uphaar cinema fire case. During the screening of Hindi film 'Border' on June 13, 1997, the fire claimed 59 lives. The court of chief judicial magistrate Shriya Agarwal on Aug 4 said, "The association at the instance of which the law was set into motion in the present case ought to get a right of assisting the prosecution, to which… there is no bar in law." You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi Neelam Krishnamoorthy, AVUT's chairperson, filed an application to assist the prosecution in the case, underlining certain discrepancies in the investigation and filing of the chargesheet. The FIR was registered against Ansal by the Delhi Police's crime branch in 2019 under the Passport Act provision for obtaining a passport by suppressing information about nationality. It was also registered under various BNS sections, including 177 (knowingly furnishing false information to a public servant), 181 (false statement on oath or affirmation to a public servant or person authorised to administer oath), 192 (fabricating false evidence), 197 (issuing or signing a false certificate), and 420 (cheating). by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Installing Solar Panels in Algeria Might Be Cheaper Then You Think Search | Solar Panels Undo The judge said that AVUT was at liberty to assist the prosecution in the present case and that no prejudice would be caused to the accused by the same. Senior advocate Vikas Pahwa, appearing for the association, said the present case was registered by a Delhi High Court order in a writ petition filed by AVUT, and so an effective right of participation could be given to the association. Delhi Police, in its eight-page final report filed earlier, claimed that Ansal misled the govt authority on oath that he was not convicted in any criminal proceedings by any court. The case was lodged on the direction of Delhi High Court while hearing a petition by Krishnamoorthy, alleging that Ansal concealed or gave false information to the authorities for the renewal of his passport. Ansal, however, surrendered his passport on Aug 14, 2017, because he knew that adverse orders against him might well be passed, the final report said. Krishnamoorthy, who lost two children in the tragedy, has been fighting a legal battle on behalf of the victims' families for over two decades. According to the rules, the passport application for new/re-issue/replacement of lost/damaged passport issued by the union ministry of external affairs mandates the applicant to disclose whether he is involved in any criminal case or not and to produce the NOC from the concerned court in case they are involved in any criminal prosecution.
Hindustan Times
17-07-2025
- Hindustan Times
Uphaar cinema tragedy: SC directs Delhi govt to file status report on trauma centre
New Delhi A bench of justices Surya Kant and Joymalya Bagchi granted three weeks to the Delhi government to file its report. (Representative photo) 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.
