Uphaar Cinema Tragedy | Supreme Court Proposes Inspection Of Trauma Centres Built Using Fine Amount Paid By Ansal Brothers

In the matter concerning victims of the 1997 Uphaar Cinema Fire tragedy, the Supreme Court today called for an inspection of the trauma centres stated to have been constructed using the Rs.60 crores penalty amount imposed on the Ansal brothers.

A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh heard the matter, and told Senior Advocate Jayant Mehta (appearing for petitioner-Association of Victims of Uphar Tragedy) to depute someone to carry out the visit.

During the hearing, Mehta argued an application seeking implementation of the directions issued by the Court while letting off the Ansal brothers in 2015. He claimed that the convicts have taken benefit of the leniency shown by the Court but not fulfilled the responsibilities imposed at the time. He further pointed out that the Delhi Vidyut Board was to allot 5 acres land in terms of the Court's directions, but the same has not been done.

"Sentence of convicts was brought down and they were asked to construct trauma centre...60 cr has gone into a black hole. Once it goes into a budget, it's impossible to find out where money has been spent. Trauma centre was in memory of victims...Convicts have gotten away, no obligation fulfilled. DVB was to give 5 acres of land. No land has been given till date despite this Court's order having become final. They got benefit but have not fulfilled responsibility...no formation of Committee to supervise the process till date..." Mehta argued.

The Court questioned Additional Solicitor General Archana Pathak Dave if the entire penalty amount of Rs.60 crores had been received from the Ansal brothers and utilized. Answering in the affirmative, the ASG pointed to 3 major hospital projects, having trauma centres, going on across Delhi and highlighted that one Indira Gandhi Hospital in Dwarka is already running. However, she also commented that the amount of Rs.60 crores was "very less".

Justice Kant agreed, saying that the amount was "peanuts" insofar as construction of a trauma centre is concerned, but remarked that many years have passed since the judgment. The judge noted that the government has spent hundreds of crores, beyond the Rs.60 crores received as penalty, for construction of trauma centres. "60 cr (penalty) is peanuts...govt has spent 100s of crores...what else can we expect? Do you think Dwarka hospital has been constructed in air? is it not government land? Do you know how much land has been utilized to build this hospital? Do you think 5 acres land is available in 60 cr in Delhi?" remarked the judge.

Ultimately, Justice Kant proposed that the trauma centres be visited to find out if they are functioning properly. The bench also suggested that the case not be converted into adversarial litigation. Particularly, Justice Kant remarked that bench is not sitting in a review, and the only concern is whether trauma care facilities, intended by the 2015 judgment, have been made properly available or not. As such, Mehta was asked to depute someone to visit the trauma centres and find out,

- if they are properly functional?

- if they have emergency staff available 24/7?

- whether basic facilities required in trauma centres to immediately address a crisis are available or not?

- if they have other facilities of transport, etc.?

- how many emergency cases the trauma centres can immediately handle?

After posing the above suggestion, Justice Kant said, "We can then do something for further enhancement...".

When Mehta pointed out that the direction for allotment of land was in addition to the imposition of the penalty amount, the bench adjourned the matter, saying that the trauma centres may first be visited.

Background

As many as 59 people died and 100 were injured in the fire during the screening of the Hindi blockbuster film "Border" at Uphaar Cinema on the evening of June 13, 1997. The fire started in the parking lot and then engulfed the building in the busy Green Park area.

Negligence was imputed on the part of Ansals (cinema owners) saying that most people died in the ensuing stampede or were asphyxiated as the escape routes were blocked by illegally fixed chairs.

The trial court sentenced the Ansal brothers to 2 years' rigorous imprisonment in November 2007. But in December 2008, the Delhi High Court reduced their sentence to one year.

In 2015, the Supreme Court let off the Ansals, while imposing a fine of Rs.30 crores each to be paid as penalty to the government within 3 months. A trauma facility was to be constructed in Dwarka utilizing this amount.

Case Title: ASSOCIATION OF VICTIMS OF UPHAR TRAGEDY Versus SUSHIL ANSAL AND ORS., MA 743-745/2025 in Crl.A. No. 600-602/2010