Sushil Ansal surrendered his passport on August 14, 2017 (Representational)
A court on Monday granted three weeks to Delhi police to procure requisite sanctions from the authorities concerned to prosecute Sushil Ansal, convicted in the 1997 Uphaar cinema fire which killed 59 people, for allegedly playing fraud while getting his passport renewed.
Chief Metropolitan Magistrate Pankaj Sharma directed the investigating officer (IO) to ensure that the sanctions are procured by February 21, when the court will further hear the matter.
The court passed the order after the IO submitted that its application seeking sanctions is pending before the office of the Lieutenant Governor.
The police had earlier told the court in its charge sheet that Ansal allegedly played a fraud on authorities by concealing information about criminal cases pending against him while getting his passport renewed.
In its eight-page final report, police had claimed that 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 Delhi High Court while having a petition by Association of Victims of Uphaar Tragedy (AVUT) chairperson Neelam Krishnamoorthy alleging that Ansal concealed or gave false information to the authorities for a 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.
The charge sheet has sought Ansal's prosecution under sections 177 (furnishing false information) and 181 (False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation) of the Indian Penal Code and section 12 (obtaining a passport by suppressing information about his nationality) of Passport Act.
Krishnamoorthy, who lost two children in the tragedy, has been fighting a legal battle on behalf of the victims' families for more than 20 years.
It was alleged in the complaint that Ansal was getting his passport renewed every 5-10 years.
As per rules, the passport application for new/re-issue/replacement of lost/damaged passport issued by the 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.
The plea claimed that Ansal was holding two passports. The court had also noted in an order that his passport number given to the court in 2018 was different from the earlier one mentioned in 2008.
A fire at the Uphaar cinema during the screening of the Hindi film 'Border' on June 13, 1997, had claimed 59 lives.
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