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Hindustan Times
3 days ago
- Hindustan Times
Delhi: No trauma centre for Uphaar Cinema fire later victims, ₹60cr fine missing
Twenty-eight years after the Uphaar cinema fire claimed 59 lives and wounded over 100 others, the trauma centre promised in memory of the victims remains missing. Victims' families said the absence of the facility — despite ₹60 crore collected from Gopal Ansal and Sushil Ansal, cinema owners who were convicted in the case, nearly a decade ago — on the Supreme Court's orders underscores the indifference to justice and public safety. The trauma centre was to be built in west Delhi's Dwarka within two years of a 2015 SC directive, using fines paid by the Ansal brothers. The plan was clear: the Delhi government was to allocate at least five acres of land and construct a state-of-the-art trauma centre in one of the city's most accident-prone areas. Yet today, no foundation stone has been laid, and the ₹60 crore — now estimated to have grown to over ₹100 crore with interest — remains unaccounted for. 'For decades, we have fought a legal battle for only two things: one, to get justice for our children, and another, that the tragedy can help bring some change,' said Neelam Krishnamoorthy, whose children -- Unnati, 17, and Ujjwal, 13 -- were among the 59 who were killed in the fire in the south Delhi hall where Sunny Deol starrer Border was being screened. She leads the Association of Victims of Uphaar Tragedy (AVUT). 'We're not asking for favours. All we want is that the fine deposited by the Ansals be used to make the trauma centre, which will be very beneficial for the residents of Delhi and, in times of any incidents like this, can help save lives,' she said. 'AVUT members now fear that we are getting old, we do not know whether we will be here tomorrow or not, and so no one will be there to question the government. Hence, we are raising the issue and want the government to act on it,' she said. In a landmark judgment in August 2015, the Supreme Court, instead of sending the Ansals back to prison, ordered them to pay ₹30 crore each. The court directed the Delhi government to use this money to build a trauma facility in memory of the victims. The order called for a 'Victims of Uphaar Memorial Trauma Centre' with a dedicated burns ward and accident services. The money was deposited with the Delhi government in November 2015. Yet nearly 10 years later, the families say they have been met with silence and bureaucratic apathy. In multiple RTI queries filed in 2019 and again in 2024, departments including the Chief Secretary's office, the health ministry, the law department, and the Directorate General of Health Services responded saying that the information 'is not available' or 'does not pertain' to them. 'The state has neither allotted land nor offered any explanation,' said Shekhar Krishnamoorthy, another AVUT member who lost both children in the fire. 'We are left wondering whether anyone will be held accountable, or if time and delay will again erase the promise of justice.' AVUT has now approached the Supreme Court again, urging it to push for the implementation of its 2015 order. On April 22 this year, the court issued notice to the Delhi government, seeking a response. The next hearing is scheduled for July 16. HT reached out to an official in the chief minister's office for a response, but the official did not respond till the time of going to print. For the families, the centre is not merely symbolic. 'This is not just about memory,' Neelam said. 'This is about public health. This is about preventing the next Uphaar.'


Hindustan Times
08-05-2025
- Hindustan Times
Uphaar Cinema tragedy: SC issues notice to Delhi govt on status of trauma centre
The Supreme Court on Wednesday sought the response of the Delhi government on the implementation of its decade-old order of developing a trauma centre in memory of the 59 victims of the Uphaar Cinema fire in June 1997. A desolate view of the Uphaar Cinema Hall that has remained sealed since the June 1997 fire incident which claimed 59 lives. (HT ARCHIVE) In September 2015, the top court ordered that the trauma centre be built using the ₹ 60 crore paid as compensationby Ansal brothers, the owners of Uphaar Cinema. On Wednesday, a bench headed by justice Surya Kant passed the order on an application filed by the Association of Victims of Uphaar Tragedy (AVUT). The association informed the court about its order of September 22, 2015 by which the trauma facility was required to be completed within two years. The AVUT, represented by advocate Diksha Rai, told the court that the issue not only highlights the non-compliance of the court order but also the larger issue of providing health care infrastructure. The bench, also comprising justice N Kotiswar Singh, said, 'What is the status of the trauma centre? Who is appearing for Delhi government?' On Rai's request, the court added the Delhi government as a party to the proceedings and issued notice seeking a response before the matter is next heard in July. The top court's judgment of September 2015 held the Ansal brothers, Gopal Ansal and Sushil Ansal, guilty of causing death due to negligence for the tragedy which took place on June 13, 1997. A three-judge bench sentenced them to two years' imprisonment with a rider that in lieu of the one-year sentence they had to further undergo, the same shall be substituted with a fine of ₹ 60 crore to be equally apportioned 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 remains a non-starter, with no discernable steps having been taken towards its construction.' The AVUT has been waging a legal battle against the Ansals, and moved the aforesaid application this year in their pending appeal against a December 2008 Delhi high court order reducing the two-year sentence awarded to the Ansals to one year. The duo was convicted under sections 304-A (causing death due to negligence), 337 (endangering life), and 338 (causing grievous hurt) among other provisions of the Indian Penal Code. Initially, a two-judge bench of the Supreme Court heard the appeal, and on March 5, 2014 delivered a split verdict. 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 had 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 construction of a trauma hospital in memory of the victims. Since then, the association has filed several applications under the Right to Information Act to know about the progress of construction of the trauma centre, and even wrote a letter to the Chief Justice of India in 2021 to ensure the order of the court is implemented. 'There is no discernible progress in identification or allotment of a site suitable for construction of the trauma centre, commencement of construction, or utilization of the fine amount lying in the government treasury towards the purpose envisaged in this court's specific directive,' the application said. 'The funds allocated for the trauma centre continue to remain unutilized, 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 health care infrastructure,' it added.


Hindustan Times
07-05-2025
- Hindustan Times
Uphaar tragedy: What's the status of trauma centre, Supreme Court asks Delhi govt
The Supreme Court has asked the Delhi government to respond on implementing a 10-year-old order to establish a trauma centre using ₹ 60 crore paid by the Ansal brothers for their role in the 1997 Uphaar fire tragedy that killed 59 people. The Supreme Court of India. (File Photo) A bench headed by justice Surya Kant passed the order on an application filed by the Association of Victims of Uphaar Tragedy (AVUT). The application by AVUT said, 'While about 10 years have elapsed since the stipulated fine amount was deposited (by the Ansal brothers) 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 nonstarter, with no discernable steps having been taken towards its construction.' As per the Supreme Court order of September 22, 2015, the facility was required to be completed within 2 years in memory of the victims. It was to come up at Dwarka in west Delhi. The AVUT represented by advocate Diksha Rai told the court that the issue not just highlights the non-compliance of the court order but the larger issue of providing healthcare infrastructure. The bench, also comprising justice N Kotiswar Singh, said, 'What is the status of the trauma centre? Who is appearing for Delhi government?' On Rai's request, the court added the Delhi government as a party to the proceedings and issued notice seeking a response before the matter is next heard in July. The top court's judgment of September 2015 held the Ansal brothers –Gopal and Sushil Ansal – guilty of causing death due to negligence for the fire incident of June 13, 1997. By this decision, a three-judge bench sentenced them to two years imprisonment with a rider that in lieu of the one-year sentence they had to further undergo, the same shall be substituted with a fine of ₹ 60 crore to be equally apportioned between the two brothers. The AVUT has been waging a legal battle against the Ansals and moved this application this year in their pending appeal challenging the Delhi high court order of December 2008 reducing the two-year sentence awarded to Ansals by the trial court to one year. The duo was convicted under sections 304-A (causing death due to negligence), 337 (endangering life), and 338 (causing grievous hurt) among other provisions of the Indian Penal Code. Initially, a two-judge bench of the Supreme Court heard the appeal and on March 5, 2014, delivered a split verdict. While one judge affirmed the high court 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, that too was dismissed by the top court in February 2017. However, the court reiterated that the money should be utilised for construction of a trauma hospital dedicated in memory of the victims. Since then, the association had filed several applications under the Right to Information Act to know about the progress of construction and even wrote a letter to the Chief Justice of India in 2021 to ensure the order of the court is implemented. 'There is no discernible progress in identification or allotment of a site suitable for construction of the trauma centre, commencement of construction, or utilization of the fine amount lying in the government treasury towards the purpose envisaged in this court's specific directive,' the application said. 'The funds allocated for the trauma centre continue to remain unutilized, 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,' it added.