Delhi: High Court asks for charges to be framed for evidence tampering in Uphaar fire case

New Delhi: The Delhi High Court today said the trial court should make an "endeavour" to frame charges against the owners of Uphaar cinema for allegedly tampering with the evidence in the 1997 fire incident case in which 59 people were killed.

"The trial court will make an endeavour to frame charge on next date of hearing," Justice G S Sistani said, while asking for an update on the issue on December 16, the next date of hearing.

The court's order came on a plea filed by the Association of the Victims of Uphaar Tragedy (AVUT) seeking speedy trial of the case, which was pending before the lower court since 2006, against Gopal Ansal and his brother Sushil Ansal and also a terminated court staff Dinesh Gupta.

AVUT convenor Neelam Krishnamurthy also told the court that despite the charge sheet having filed in 2008, the charge was yet to be framed.

"List the matter for December 16. Order passed today will be brought to the notice of the concerned court," Justice Sistani said.

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At least 59 people died of asphyxia following the fire in the basement of Uphaar cinema hall on June 13, 1997.

At present the removal, evidence-tampering and mutilation of several important documents of the case kept in judicial custody in the trial court in Delhi in 2003 is pending in the court of Chief Metropolitan Magistrate Amit Bansal. The matter is listed before the trial court on December 2.

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In the plea, the victims had said "because tampering and mutilation of a judicial file is an egregious offence against the entire justice delivery system and as such the case (titled State VS Dinesh Chandra Sharma) deserves to be tried expeditiously in a time-bound manner with utmost priority on a day-to-day basis."

Referring to various dates of proceedings in the trial court, the victims had said, "The offence was committed by the Ahlmad (clerk) of the court, allegedly at the behest of the accused persons (Ansals) along with others. Till date, even arguments on behalf of the prosecution have not been concluded due to frequent adjournments sought by the defence counsels."

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On January 31, 2003, Additional Sessions Judge Mamta Sehgal had ordered an inquiry after some documents related to the Uphaar case went missing from the court record room.

Following the inquiry, one court staff was dismissed on June 25, 2004, by the judge for tampering with the court's records.

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The Delhi High Court had directed the police to register a case in this regard on May 5, 2006, and ordered it to complete the investigation within three months.

Police had lodged an FIR on May 17, 2006, and arrested court master Dinesh Chandra Sharma. Police later filed two charge sheets naming the Ansal brothers and two others as accused in 2008.

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Additional Chief Metropolitan Magistrate (ACMM) had issued summons to all the accused on February 15, 2008, after which the Ansal brothers approached the Delhi High Court which stayed the trial court proceedings on April 30, 2008.

Rejecting Ansals' plea challenging the ACMM order summoning them in the case, the high court had said it did not find merit in the petition and also imposed a fine of Rs 25,000 each on them.